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1891 1991 209/
REGULAR PLANNING COMMISSION MFFTfxT
AGENDA
AUGUST 6, 1992
7:30 P.M.
CALL 4V ORDER
7 :30 P.M.
REVIEW MINUTES OF PREVIOUS MEETING
7:30 P.M.
BEARING VARIANCE ANDY 6 BARB VALCMANIS
7:45 P.M.
BEARING VARIANCE REM SINDM
* 8:15 P.M.
PUBLIC REARING LANDSCAPE STAFF
ORDINANCE
* 9:00 P.M.
PUBLIC REARING REZOMING1 JIM ALLEN
OOMPREBEMSIVE PLAN
AMENDMENT
* Indicates a Public Rearing
All times stated on the Planning Commission Agenda, with the exception of Public
Hearings, are approximate and may start later than the scheduled time.
4629 Dakota St. S.E. Prior Lake, Minnesota 55372 / Ph. (612) 4474230 1 Fax (612) 447 -4245
OF PRIr4\
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PLANNING COMMISSION
MINUTES
JULY 16, 1992
The July 16, 1992, Planning Commission Meeting was called to
order by Chairman Loftus at 7:30 P.M. Those present were
Commissioners Loftus, Arnold, Wuellner, Roseth, Director of
Planning Horst Graser, Associate Planner Sam Lucast, and
Secretary Rita Schewe.
ITEM I - REVIEW MINUTES OF PREVIOUS MEETING
MOTION BY ROSETH, SECOND BY LOFTUS, TO APPROVE THE MINUTES AS
WRITTEN.
Vote taken signified ayes by Loftus, and Roseth. MOTION TARRIED.
Commissioners Arnold and Wuellner were not present at the
previous meeting but voted to fill the quorum.
ITEM II - REX CARLTON - HOME OCCUPATION
Rex Carlton 5445 Amblewood Drive NE, stated he is requesting a
home occupat ;on permit to operate a locksmith business out of his
home for a supplemental income. The business would be strictly
mobile and only an office would be in the home. If his clientele
increased extensively, he would move to a commercial site.
Associate Planner Sam Lucast, presented the information as per
memo of July 16, 1992. Stringent guidelines are placed on all
applications per Section 6.8 Home Occupations, of the Zoning
Ordinance. The Planning Commission has previously granted home
occupation permits to a sound contractor and glass contractor who
operate an on -call type of business and met the criteria. Staff
recommends approval of the mobile locksmith /security company home
occupation application as requested contingent upon continually
meeting the conditions set forth in section 6.8 Home Occupations
of the Prior Lake Zoning Ordinance.
Comments from the Commissioners were on neighbors concerns,
expansion, and signage.
MOTION BY ARNOLD, SECOND BY WUELLNER, TO APPROVE A MOBILE
LOCKSMITH /SECURITY COMPANY HOME OCCUPATION PERMIT FOR 5445
AMBLEWOOD CONTINGENT ON THE CONDITIONS OF SECTION 6.8 HOME
OCCUPATIONS OF THE PRIOR LAKE ZONING ORDINANCE.
4629 Dakota St. S.E., Prior lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447 -4245
AN EQUAL OPPOnUNnY EMPLOYER
PLANNING COMMISSION MEETING MINUTES JULY 16, 1992 PAGE 2
vote taken signified ayes by Arnold, Wuellner, Roseth, and
Loftus. MOTION CARRIED.
ITEM III - JAMES S JOANNE THOMPSON - CONDITIONAL USE PERMIT
Joanne Thompson, 18121 Pandora Boulevard, Prior Lake, stated they
are requesting a conditional use permit to increase the number of
senior residents from five to nine at 14170 Grayling Circle.
This would be accomplished by converting the existing garage to
two additional bedrooms and a family room.
Horst Graser, Director of Planning, presented the information as
per planning report of July 16, 1992. The subject site has been
used to house senior residents for a number of years. There have
not been any complaints on this facility to the Planning
Department or the Police. The City Council of Prior Lake did not
authorize the licensed care facility due to the overriding
authority provided in Minnesota Statutes. A precedent is being
established with this application. Staff is concerned that there
be adequate on -site parking and that the physical structure
continue to be maintained as if it were a single family home. No
comments were received by Staff from the neighborhood. Staff has
no objection to the proposed addition and detached garage,
provided that it can be built without need of setback variances.
It is the opinion of Staff that the request to operate a licensed
care facility o house up to nine residents is a reasonable use
for the subject site. Therefore, Staff recommends approval with
the seven conditions listed in the planning report.
Gil Rosco, 14190 Grayling Circle, is not happy with the proposed
I and feels that the home is not large enough for the
increase in residents.
Comments from the Commissioners were on location of the garage,
parking, number of staff, converted garage use, devaluation of
property, and the history of the home and business.
MOTION BY ARNOLD, SECOND BY ROSETH, TO APPROVE THE CONDITIONAL
USE FOR 14170 GRAYLING CIRCLE TO INCREASE THE NUMBER OF SENIOR
RESIDENTS FROM FIVE (5) TO NINE (9) CONTINGENT ON THE FOLLOWING
CONDITIONS:
1. THE FACILITY SHALL BE LICENSED WITH THE STATE OF MINNESOTA.
2. THE NUMBER OF RESIDENTS SHOULD BE LIMITED TO NINE SENIOR
CITIZENS, AS OUTLINED BY THE APPLICATION.
3. THE MAXIMUM NUMBER OF OCCUPANTS, INCLUDING STAFF PERSONNEL
SHALL BE LIMITED TO TEN.
4. THE APPLICANT SHOULD PROVIDE A CERTIFICATE OF SURVEY TO SHOW
THAT THE PROPOSED ADDITION OF TWO BEDROOMS AND A LIVING ROOM
CAN BUILT WITHOUT THE NEED OF SETBACK VARIANCES FROM ZONING
CODE.
PLANNING COMMISSION MEETING MINUTES JULY 16, 1992 PAGE 3
5. ALL BUILDING CODE VIOLATIONS THAT ARE A RESULT OF THE
INCREASED OCCUPANCY OF THE DWELLING, SHALL BE BROUGHT INTO
CONFORMANCE WITH THE CODE.
6. THE E3CTERIOR OF THE DWELLING AND GROUNDS SHALL BE MAINTAINED
AND OPERATED IN A MANNER THAT IS CONSISTENT WITH THE ADJACENT
RESIDENTIAL PROPERTIES.
7.. THE CONDITIONAL USE PERMIT FCR THE "BOARDING HOUSE" SHALL
BECOME NULL AND VOID AS OF THE DATE OF SALE OF THE PROPERTY
OR USE, TO AN INDIVIDUAL OTHER THAN THE APPLICANT. IN THE
EVENT THAT THE CONDITIONAL USE FAILS, THEN THE FACILITY MUST
REVERT TO A SINGLE FAMILY USE WITH NO TRANSFERABILITY OF THE
CONDITIONAL USE PERMIT.
Vote taken signified ayes by Roseth and Arnold. Nayes by
Wuellner and Loftus. MOTION DID NOT CARRY. Application will be
forwarded to the City Council.
ITEM IV - PAUL ZANDER - VARIANCE
Paul Zander, 16009 Northwood Road, stated he is requesting a 4
foot north side yard variance, a 35 foot lakeshore variance and a
6% lot coverage variance. Additional living space is needed and
the house does not have a basement due to flood elevation.
Sam Lucast presented the information as per memo of July 16,
1992. The subject site is heavily wooded and some trees would be
lost to construction. DNR suggested reducing the lot coverage in
some manner by possibly redesigning the garage as the lot is
large. Staff recommends approval of the variance requested 35
foot lakeshore and 4 foot north side yard variance. They are
reasonable requests of less than a previously granted variance
and also the continuation of a legal non - conforming setback. The
6% lot coverage ratio variance is excessive and the coverage
should be reduced by limiting new impervious surface and /or
removing some existing pavement. The applicant agreed to
reconfigure the garage and eliminate paving. The change
eliminated the need for the north side yard variance.
Comments from the Commissioners were on drainage, redesigning the
garage, reducing coverage, and roof line.
MOTION BY NUELLNER, SECOND BY ARNOLD, TO APPROVE A 4E LOT
COVERAGE, A 35 FOOT LAKESHORE VARIANCE FOR 16009 NORTHWOOD ROAD.
RATIONAL BEING THE SHAPE OF THE LOT AND THE PLACEMENT OF THE HOME
WHICH WAS BUILT UNDER THE JURISDICTION OF A PREVIOUS GOVERNMENT
CONTRIBUTES To THE HARDSHIP FOR THE APPLICANT AND WOULD NOT BE
DETRIMENTAL TO THE HEALTH AND WELFARE OF THE NEIGHBORHOOD.
Vote taken signified ayes by Wuellner, Arnold, Loftus, and
Roseth. NOTION CARRIED.
A recess was called at 9:10 P.M. The meeting was reconvened at
9:15 P.M.
PLANNING COMMISSION MEETING MINUTES JULY 16, 1992 PAGE 4
ITEM V - WILLIAM HENNING - VARIANCE
William Henning, 13208 Henning Circle, is requesting a variance
from Section 5- 4 -1(N) of the Prior Lake City Code to construct a
single family home on a site that is currently vacant and has
been used for agricultural purposes.
Mr. Henning presented four letters from neighbors that were read
into the record supporting the variance application. The letters
were from: Douglas A. & Judith A. Johnson, 4880 Martindale Street
N.E.; Darrel E. Gonyea, Gonyea Land Company, 9100 West
Bloomington Freeway, Minneapolis; Jeffrey Menke, Jackson Trail;
Brian, Kevin and Colin Conrad, 4510 Jackson Trail.
Horst Graser presented the information as per memo of July 16,
1992. The plat of Titus 2nd Addition was platted in 1974. In
April of 1977, the City Council approved a petition from the
applicant for the vacation of part of Foothill Trail that
extended east of Lot 13, Block 2, Titus 2nd Addition, to the east
end of the plat. As a result of this vacation, the majority of
the lots in the plat do not have an access to a public road. In
1980, the Scott County Assessor's Office was requested to tax the
property adjacent to the vacated street at an agricultural rather
than a residential rate. The property has been used for
agricultural and open space since that time.
In 1986, the applicant requested the City to rededicate the
portion of Foothill trail that had been vacated. This request
was denied by the City Council based upon the fact that the
Zoning Ordinance and Comprehensive Plan allow a maximum density
of 4 dwelling units per quarter /quarter section in the rural
service area, of which the subject site is a part of. This
matter was reviewed by the Court of Appeals, which upheld the
position of the City.
The subject site is located outside of the Year 2000 Urban
Service Area and as such, the residential density should be
restricted until such a time as municipal utilities are extended
to the site, in a planned manned, consistent with the
objectives of the City of Prior Lake and Metropolitan Council.
Staff recommends denial of this variance on the basis that the
request is inconsistent with the Zoning Ordinance and
Comprehensive Plan it would not observe the spirit and intent of
the Ordinance and Is in direct conflict with the objectives of
the Zoning Ordinance and Comprehensive Plan. The hardship is not
caused by the Ordinance nor the City of Prior Lake but by the
actions proposed by the applicant.
Members of the audience that came forward at this time in support
of the application were: William Jetson 13207 Henning; Steve
Mullenhart 7556 Eagle Creek Blvd.; Jerry Capagnoli, 13200 Henning
Circle; and Greg Henning 13171 Pike Lake Trail.
PLANNING COMMISSION MEETING MINUTES JULY 16, 1992 PAGE 5
Comments from the Commissioners were; precedent being set, Code
states no, development of adjacent cities, present land use,
septic system and development of utilities.
Alan Merrick 14000 White Rock Road, Burnsville stated he is the
party interested in the property and gave his plans for
building.
MOTION BY WUELLNER, SECOND BY LOFTUS, TO GRANT A DENSITY VARIANCE
FROM SECTION 5- 4 -1(N) FOR THE SUBJECT SITE LOCATED IN THE NW 1/4
OF THE NW 1/4 OF SECTION 23 (AS PER ATTACHED MAP) TO BUILD ONE
SINGLE FAMILY HOME ON FIFTEEN (15) ACRES. THIS HOME IS NOT TO BE
BUILT IN THE RIGHT -OF -WAY OF FOOTHILL TRAIL AS SHOWN ON THE
ATTACHED MAP.
Vote taken signified ayes by Wuellner and Loftus. Nayes by
Arnold and Roseth. MOTION FAILED TO CARRY. DENIED.
ITEM VI- PUBLIC HEARING- ZONING ORDINANCE AMENDMENT: MINERAL
EXTRACTION
Public Hearing called to order at 10:15 P.M. by Chairman Loftus.
The public was not in attendance.
Sam Lucast presented the information as per memo of July 16,
1992. In 1991, the McKenna Sand and Gravel applied for a
Conditional Use Permit to begin a mining operation in the area of
Prior Lake and the Shakopee Mdewakanton Sioux Community (SMSC)
reservation. The SMSC voiced their disapproval based on the
effects of having a mining operation adjacent to them and
requested assistance from two cities to prevent the operation.
The result of their request was Ordinance 91 -08 which instituted
a one year moratorium.
There are no mines with a permit currently operating in Prior
Lake, but there is evidence of previous mining in the area and in
Prior Lake. The evidence is scarred landscapes creating
unsightly conditions. The conditional Use Permit does not
adequately protect the City, the applicant, or the public.
Therefore, staff recommends approval of Ordinance 92 -09 to be
forwarded to City Council for review and final decision. Staff
recommends deletion of Mineral Extraction as a Conditional Use in
the Prior Lake City Code and Zoning Ordinance.
Comments from the Commissioners were in consensus with Staff's
recommendation.
MOTION BY ARNOLD, SECOND BY ROSETH, TO RECOMMEND TO CITY COUNCIL
THE APPROVAL OF ORDINANCE 92 -09.
Vote taken signified ayes by Arnold, Roseth, Loftus, and
Wuellner.
MOTION BY ROSETH, SECOND BY ARNOLD, TO CLOSE THE PUBLIC HEARING.
Vote taken signified ayes by Roseth, Arnold, Loftus, and
Wuellner. MOTION CARRIED. Public Hearing closed at 10:30 P.M.
PLANNING COMMISSION MEETING MINUTES JULY 16, 1992 PAGE 6
Horst Graser announced that Mary Ellen Wells resigned from the
Planning Commission due to work conflicts.
ITEM VII - TERM LIMIT POLICY - STAFF
Discussion followed on the draft of the Term Limit Policy for
Appointed Commissioners and Council Members. Consensus from the
Commissioners was: the policy was not clear, a gradual transfer
is needed, implementation not specified and the policy needs to
be more definitive. It was felt by the Commissioners that 2
terms were too short. Mr. Graser will write a summary to present
to the City Manager.
MOTION BY ARNOLD, SECOND BY ROSETH, TO ADJOURN THE MEETING.
Vote taken signified ayes Arnold, Roseth, Loftus, and Wuellner.
MOTION CARRIED.
Meeting adjourned at 11:10 P.M. Tapes of meeting on file at City
Hall.
Horst W. Graser Rita M. Schewe
Director of Planning Recording Secretary
OF PRIOR
7
"VA23PC"
PLANNING REPORT
SUBJECT: VARIANCE
APPLICANT: ANDY 6 BARB VALDMANIS
SITE ADDRESS: 5405 SHORE TRAIL
PRESENTER: SAM LUCAST, ASSOCIATE PLANNER
PUBLIC HEARING: YES X NO
DATE: AUGUST 6, 1992
SITE ANALYSIS
HISTORY /BACKGROUND
T e Fling Department received an application for variance from
the Valdmanis' for a five 15) foot east side yard variance. The
lot is a lot of record with an existing cabin and approximately
15' x 20' garage /shed. The cabin is not hooked up to City sewer
or a septic system. It must be removed prior to occupation of
the proposed house.
PREVIOUS PROPOSALS:
The applicant as no previous proposals on record at the City of
Prior Lake.
PHYSIOGRAPHY:
T E3s flat or slightly sloping to a distance approximately
210' feet south of Shore Trail. At that point the lot drops off
very sharply toward the lake. There is a 20' to 30' wide plateau
adjacent to the lake where the cabin sits. A block retaining
wall is at the bottom of the slope immediately north of the
cabin. The steep slope has volunteer growth and ground cover to
help control soil erosion.
ADJACENT USES:
Singe am y� residential development surrounds the subject site
on the north, east, and west sides. Prior Lake is located
directly south and abuts the subject site. A new home is under
construction one lot to the east.
EXISTING CONDITIONS:
The lot contains several boats on trailers, miscellaneous
water- oriented equipment, and an ice fishing house. The lot also
contains a flat bed trailer which presumably belongs to the
applicants brother.
4629 Dakota St. S.E.. Prior Cake Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 447 -4245
AN EQUAL OPPORIUMTY EMPLOYER
NEIGHBORHOOD ISSUES /IMPACT /CONCERNS
T ere are no con roversia issues apparent at this time. The
area is nearly all developed, predominantly on fifty foot wide
lots abutting Prior Lake. Side yard variances are frequently
granted for fifty foot wide lots of record. The a� setback
of the two abutting properties is 38 In the Shoreland District
no setback closer than 50' is permitted with averaging. The
applicant is at 52' and would therefore qualify for the setback
averaging and not require a lakeshore setback variance.
The applicant is concerned about removing the existing cabin to
allow home construction. A six or seven foot wide area between
the existing cabin to the west and the shore is the only room to
remove the cabin. The applicant is requesting the cabin not be
demolished until this winter. He could then drive out on the
lake with a bobcat or similar vehicle and not have to remove the
cabin by hand. The bank on the subject site is too steep to
negotiate in a vehicle. One lot to the west is a private access
road which connects the lakeshore to Shore Trail. Perhaps the
applicant can use the access to the west for removal of
demolition debris because it is dedicated to property owners in
the plat of North Shore Crest.
PROBLEMS /OPPORTUNITIES
e ex st ng structure is approximately 540 square feet, while
the Prior Lake Zoning Ordinance allows 120 square feet for a
Water - Oriented Accessory structure. The cabin is the principal
structure at this time. Prior Lake ordinances do not allow more
than one principal structure on a lot. With the construction of
the new house, the cabin in effect becomes an accessory structure
which does not meet setbacks and exceeds maximum size limits of
a Water - Oriented Accessory structure. As a nonconforming
structure changing uses from a principal structure to an
accessory structure, it must be removed. The Zoning Ordinance
states in Section 6.1(A), nonconforming uses may be continued,
but may not be extended, expanded, or changed except to a
conforming use.
The opportunity exists to build a single family dwelling on an
underdeveloped lakeshore lot, and remove a nonconforming use. It
is conceivable a Water - Oriented Accessory structure could be
built to handle the applicant's storage needs and meet the
requirements of Ordinance 91 -07.
RECOMMENDATION:
Staff recommen approval of the five (5) foot east side yard
variance. A condition of the variance is the existing cabin must
be removed prior to issuance of a Certificate of Occupancy. This
means the home could be constructed, but occupied until the cabin
is removed. Hardship includes 50' foot lots are unique, small
building envelope restricts architectural options, the Planning
Commission has frequently granted variances for such narrow lots
in the past, and it is a reasonable request. The subject site
was platted under the jurisdiction of Eagle Creek Township in
1950 and annexed into Prior Lake in 1973. Hardship is the result
of a change in the development standards since annexation into
Prior Lake.
SURVEY PREPARED FJR: VOlby StrMi g Co., PA.
ANDY VALDMAMS SUITE 120 -C . 16690 FRANKLIN TRAIL
291, E. MINNENANA PAFKIFAY FRANKLIN TRAIL OFMCE CORDOMINNM
MPLS MN. SNIT PRIOR LAKE, MINNESOTA WSM
TELEPHONE (612) NT -2570 - -
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APPLICATION FOR VARIANCE
Applicant: I Home Phone:
Address: Work Phone :- -'D
Property Owner: V' Hone Phone:
Address: G 5 c-& l a /4.0-) York Phone:
Type of Owners r'e Contract Purchase Agreement
Existing Use
of Property: A j r) .A'cL -P Present Zoning:
Proposed Use ,
of Property: A o[O�PTV
Legal Description /+ r �
of Variance Site- Uif 3 B16A �. mar4a r. h are C
Variance Requested: S'sh5f 51 DE WD VW2, ?4a
Has the applicant previously sought to plat, rezone, obtain a variance or conditional
use permit on the subject sit�or any part of it? _Yes
What was requested• /f ')
When: Disposition:
Describe the type of improvements proposed: C *t- 1 4 n ni O,,
SUBMISSION RMUIRII4EN1'S
(A)Completed application form. (Wiling fee. (C)Property Survey. (D)Certified from
abstract firm, names and addresses of property owners within 1:10 feet of the
exterior boundaries of the subject property. (E)Complete legal description 6
Property Identification Dumber (PID). (F)Deed restrictions or private covenants, if
applicable. (G)A parcel map at 1 "- 20' -50' showing: The site development plan,
buildings: parking, loading, access, surface drainage, landscaping and utility
service.
ONLY CODIPLEM APPLICATIONS MAIL BE REVIEWED BY THE PLANNING O"IISSION.
Tb the best of my knowledge the information presented on this form is correct. In
addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies
requirements for variance procedures. I agree to provide information and follow the
procedures as outlined in the Ordinance.
Submitted thi 7a day � of /SKr 19Jg.0
- lican re
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F rs S tore
THIS SPACE IS TD BE FILLED CUT E PLANNING DIRECTOR
PLANNING OCMISSION _ APPr07M _ DENIED DATE OF HEARING
CITY COUNCIL APPEAL _ APPIY)VED _ DENIED DATE OF HEARING
OODDITIONS•
Signature of the Planning Director Date
°VA23C1e
2911 E Minnehaha Pkwy.
Mpls, MN 55417
Dear Mr. G Mrs. Valdnanis:
Enclosed please find Ordinance No. 91 -07 Water - Oriented Accessory
Structure. The reason the cabin must be removed from the site is
it becomes an accessary structure when your new house is
constructed. It does not meet the requirements of Ordinance
91 -07 because of its size. The lot meets the slope requirements
and I think an accessory structure could be located at a high
enough elevation to be above the 909 flood elevation. If you
desire exact information have valley Surveying, who surveyed the
lot, determine the elevation at the area in front of the block
retaining wall. It would be necessary to know the elevation of
the proposed location of the accessory structure prior to
issuance of a building permit for the accessory structure. This
could be done independently from the house permit.
Regarding the demolition of the existing cabin durinq the winter,
speak with Gary Staber for more information.
If you have any further questions please call City hall at
447 -4230. Thank you.
Sincerely,
Sam Lucast, Associate Planner.
4629 Dakota St. S.E.. Prior lake, Minnesota 55372 / ✓h. (612) 4474230 / Fax (612) 447 -4245
Ml EQUAL OPPOKrUNITV EMPLM -ER
\ \\ rT
"VA23PN"
NOTICE OF HEARING
FOR
VARIANCE
You are hereby notified that a hearing will be held by the
Planning Commission in the Prior Lake Council Chambers at 4629
Dakota Street S.E. on:
THURSDAY AUGUST 6, 1992 at 7:30 P.M.
PURPOSE OF HEARING: Consider a variance application for
Andy and Barb Valdmanis of 2911 E.
Minnehaha Parkway, Minneapolis.
SUBJECT SITE LOCATION: Lot 3 Block 2 North Shore Crest or
more commonly known as 5405 Shore
Trail, Prior Lake.
REQUESTED ACTION: The applicant is requesting a five
(5) foot east side yard variance.
The setback is ten (10) feet from
the side property line and the
applicant is requesting to encroach
five feet into that setback.
The lakeshore setback is seventy
five feet. However, setback
averaging may allow development up
to fifty (50) feet from the
Ordinary- High - Water mark by
averaging the setbacks of the
abutting properties. Setback
averaging applies in this case and a
variance for encroaching into the
seventy five foot setback is not
If you desire to be heard in reference to this matter, you should
attend this meeting. Oral and written comments will be accepted
by the Planning Commission. For more information, contact the
Prior lake Planning Department at 447 -4230.
Prior Lake Planning Commission
DATE MAILED: July 31, 1992
4629 Dakota St SE., Prior Lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 447 -4245
AN EQUAL OPPOiTIUM EMPWD
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"VA22PC"
SUBJECT:
APPLICANT:
SITE ADDRESS:
PRESENTER:
PUBLIC HEARING:
DATE:
PLANNING REPORT
VARIANCE
RENO SINIKAS
16590 SPRING AVENUE
SAM LUCAST, ASSOCIATE PLANNER
YES X NO
AUGUST T,
SITE ANALYSIS
HISTORY /BACKGROUND
The Planning Department received an application for variance from
Reno Sinikas of 5488 Candy Cove Trail, for Lot 16 Green Heights
First Addition, better known as 16590 Spring Street. The
subject site is a fifty (50) foot wide, approximately 7200 square
foot lot of record, located on the corner of Spring Avenue and
Pershing Street. Corner lots are considered to have two (2)
front yards and two (2) side yards. The site is under the
minimum lot size of 10,000 square feet and requires a variance
from that minimum.
PREVIOUS PROPOSALS:
There are no previous proposals on record at the City of Prior
Lake.
PHYSIOGRAPHY:
The s�site is basically flat to slightly slopincl. It is a
continuation of the adjacent landscape with significant mature
trees. The lot also contains underbrush and small to medium size
volunteer growth. It is heavily wooded.
ADJACENT USES:
T et s 7�ec site is completely surrounded by developed single
family subdivisions. Many of the lots contained in these
subdivisions are also smaller, substandard lots. Abutting lots
contain single family dwellings.
Spring Avenue is a short north south cul -de -sac serving
approximately five lots including the subject site. Pershing
Street is an east west street and part of a local "thru street
route." Across Pershing Street, south and east of the site, is
a large wetland which is part of a current subdivision proposal.
Directly across Spring Avenue to the east is a new single family
dwelling and a storm water management pond.
4629 Dakota St. S.E., Prior lake. Minnesota 55372 / Ph. (612) 447 -4230 / Fax(612)4474245
AN EQUAL OP UUM EMPMYER
EXISTING CONDITIONS:
The lot is eav y wooded and contains both significant mature
trees and volunteer growth. There is evidence of leaves and
other organic materials being dumped on the site. The proposed
building location will preserve most of the significant trees on
the site.
T e ey issues e an impacts invo v the location of the house.
The location as proposed removes the fewest trees, preserves some
of the most significant ones, and has the least amount of
impervious surface coverage.
Tree removal is always an issue in new construction. In
discussions with the applicant he stated the driveway could be
moved to enter the garage from the south or Pershing Street
side, if vehicles impeding traffic on Spring Avenue was an issue.
Spring Avenue is a short cul -de -sac with minimal traffic. With
this option the surface coverage would increase.
Generally speaking the Planning
which allow traffic impedance.
approximate minimum threshold
addition, the proposed east ant .
tree removal and impervious s'
impervious surface coverage
Commission requests a reconfigu
the applicant will presumably
renotified because the appli
impervious surface coverage rat
Department is against variances
However, twenty (20) feet is the
level for driveway length. In
y from Spring Street would limit
irface coverage. Currently the
-atio is at 295. If the Planning
-ad design with increased paving,
gave to reapply and have residents
:ation would then include an
.o variance, too.
RECOMMENDATION•
Staff r�mmends approval of a five (5) foot front and side yard
variance, and a 2800 square foot lot area variance. The
rationale is the lot is unique being both a substandard fifty
(50) foot wide lot, and being located on a corner. Hardship was
created by the Prior Lake Zoning ordinance and not the applicant.
The site was subdivided in 1957 and annexed into Prior Lake in
1973 from Spring Lake Township. The applicant demonstrated a
reasonable development plan, and it is not detrimental to the
health and welfare of the community.
SURVEY PREPARED FOR:
LARRY GENSMER
PO Box 277
PRIOR LAKE, MN. 55972
Volley Surveying Co. P.A.
TUNE 120. C s 16670 FRANKLIN TRAIL
FRANKLIN TRAIL G CE COM)OIKNNRI
PRIOR LAKE, MINNESOTA 539)2
TELEPHONE (612) 4 47.2570
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Applicant
Property Owner: / AA,
Address: lynx lSC
'type of Ownership: F
Consultant /Contractor
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Existing Use Vare�rf Oa
of Property: AJ041G Present Zoning: fe-S
Proposed Use
of Property: Sluc{c F'A"r r RC - 9 -
Legal Description
of Variance Site: LOT /( GKacu [! 1 h7 F*//t57 /aDCn>,cw
Variance Requested: 5/ / F/r -oN7 / C I SACL 6614 ,1 p Q0 47 A ft
Has the applicant previously sought to plat, rezone, obtain a variance or conditional
use permit on the subject site or any part of it? _Yes ,_ No
What was requested:
When: Disposition•
Describe the type of improvements
SUMISSION REOUIRFMENPS
(A)Cmipleted application form. (B)Filing fee. (C)Property Survey. (D)Certified from
abstract firm, names and addresses of property owners within 100 feet of the
exterior boundaries of the subject property. (E)Oanplete legal description b
Property Identification Number (PID). (F)Deed restrictions or private covenants, if
applicable. (G)A parcel map at 1"- 20' -50' showing: The site developnent plan,
buildings: parking, loading, access, surface drainage, landscaping and utility
service.
ONLY COMPLETE APPLICATIONS SMIL BE REVIEWED BY THE PLANNING COMMISSION.
To the best of my knowledge the information presented on this fo is correct. In
addition, I have read Section 7.6 of the Prior Lake Zo g O which specifies
requirements for variance procedures. I agree to pr a inf a and follow the
procedures as outlined in the Ordinance.
Submitted this LYday of TULY lgg2 Appli is Signature
Fee Owners Signature
THIS SPACE IS TO BE FILLED OUT BY THE PLANNING DIRBCIOR
PLANNING MMISSION _._ APPROVED _ DENIED DATE OF HEARING
CITY COUNCIL APPEAL _ APPROVED _ DENIED DATE OF HEARIN,",
CONDITIONS:
Signature of the Planning Director ate
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NOTICE OF HEARING
FOR
VARIANCE
You are hereby notified that a hearing will be held by the
Planning Commission in the Prior Lake Council Chambers at 4629
Dakota Street S.E. on:
THURSDAY AUGUST 6, 1992 at 7:45 P.M.
PURPOSE OF HEARING: Consider an app lication for Variance
from Reno Sinikas of 5488 Candy Cove
Trail, Prior Lake.
SUBJECT SITE LOCATION: Lot 16 Green Heights First Addition,
better known as 16590 Spring Avenue
SE, Prior Lake.
REQUESTED ACTION:
The applicant is requesting a five
(5) foot side yard, a five (5) foot
front yard, and a 2800 square foot
lot Area variance to construct a
single family dwelling. The
required setbacks are ten (10) feet
from the side property line and
twenty five (25) feet from the
front property line. The minimum
lot area of a lot in the Shoreland
District is 10,000 square feet.
Lots of record with less than 10,000
square feet cannot be built upon
without an area variance. The
applicant is requesting a variance
to encroach five (5) feet into each
of the setbacks and build on a 7200
square foot substandard lot of
record.
If you desire to be
heard in reference to this matter, you should
attend this meeting.
Oral and written comments will be accepted
by the Planning Commission. For more information, contact the
Prior Lake Planning
Department at 447 -4230.
Prior Lake Planning Commission
DATE MAILED: JULY 31, 1992
4629 Dakota St. S.E., Prior lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 4474245
AN EQUAL OPPODUWY EMPLOYER
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CONCEPT PLAN
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I M IIIANNING CONSUMN3. INC
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1981 COMPREMSIVE PLAN
high school which are situated on adjoining sites. The neighborhood also
includes a large scale planned unit development, which was given preliminary
approval but to date has had no development activity. This PUD has the
potential to be a rather good example of housing diversity, commercial services
and open space arranged to protect existing land forms within one neighborhood.
With 160 acres to develop, densities may be transferred away from steep slopes
and land with unstable soils to more regular sites which will include several
apartment buildings and townhouses. The proposed neighborhood commercial center
is likely to provide service to adjoining neighborhoods as well. The southern
portion of this neighborhood, including the proposed Greenbriar PUD is currently
in agricultural production. These agricultural areas represent more than 508 of
the neighborhood land area. Markley Neighborhood can therefore accommodate a
significant portion of camunity growth over the next 20 years. It has a
holding capacity of approximately 2,100 people. Because the neighborhood is
situated immediately north of the only existing industrial development in Prior
Lake, it could offer opportunities for low and moderate cost housing. Medium
density development is recommended along County Road 12.
.99mb
Like Markley, South Neighborhood is approximately 508 developed. when
developed, the remaining agricultural land could provide housing diversity by
including low and moderate income opportunities as well as sane high density
areas. The recommended high density areas include lard bounded by Highway 13,
Franklin Trail and Credit River Road plus a relatively small area southeast of
Brooksville Center. Already, approximately 208 of the residential land is
designated within the highest density residential zoning category. Of this
approximately one third has been developed. South neighborhood is unique among
the proposed residential areas in Prior lake, in that it is close to a variety
of employment centers. It adjoins the Downtown area in the northwest corner,
Brooksville Center in the southwest corner and the only developed industrial
lad in the southeast corner. The residential holding capacity exceeds 1,900
people. The City has purchased a large recreation area of approximately 70
acres immediately to the south of this neighborhood. Ten ball fields will be
constructed as soon as access problems have been overcome.
FiYS_M&A
The boundaries are formed by State Highway 13 to the south and east, Prior Lake
and Simpkins Marsh to the north and the west line of Section Two to the west.
Named for the Five Hawks Elementary School, the neighborhood is a geographic
area which has no interior circulation system linking its scattered
subdivisions. The lake frontage was developed merry years ago and currently
includes many seasonal cabins. while nanny were converted to year around use,
those that remain unimproved should be replaced since they do not provide
adequate shelter. The subdivision away from the lake represent much more recent
development and contain no serious deterioration. Because the elementary school
site is so large, the neighborhood will not need additional open space.
However, some form of a joint powers agreement must be adopted which provides
for recreation use unrelated to school activity. The neighborhood also is
conveniently located to a full range of shopping facilities. Medium density
housing is recommended throughout tha neighborhood.
26
4. The business district should be upgraded to a neighborhood
center that provides good pedestrian and traffic circulation.
Future platting should eliminate the driveway access to
S.T.H. 13 and the non - conforming use should be replaced
with permitted uses in the district. Landscaping, paved
parking lots, sidewalks, and good design of buildings should
be implemented in this business district.
5. At the time that the vacant 22 acres south of 170th Street
develops, a local road should be planned that connects 170th
Street to S.T.H. 13. In addition, a frontage road connecting
170th Street to Five Hawks Avenue through the "Simpkins"
property, is recommended as part of the ring road system.
6. The intersection of C.R. 81 and S.T.H. 13 is identified as a
location for a major City entry monument.
Five Hawks
Five Hawks Planning District is bounded
adjacent to Willow Lane, the south by H
by C. R. 21. This District consists of a
and is 80% developed at density ranging f
acre. Five Hawks can best be characteriz
active neighborhood between the low dens
high density C. R. 21 area. Several east
and wetlands divide this District appro
marshes and wetlands help filter runoff b
Lake. However, these features inhibit
the neighborhoods and into other neighbor
tra
the natural features is residential dev
units per acre range which does not conform
standards. The land to the south is cha .
development and vacant land. This neig
mile of lakeshors, unfortunately no public
for its residents.
the west by housing
way 13, and the north
oximately 380 acres
2.5 to is units per
as a transitional and
Willow Lane area and
at oriented marshes
ately in half. These
re it enters Prior
ffic movements within
ds. To the north of
lopment in the 5 to 7
to the current zoning
acterized by recent
borhood has about one
access points exist
The Five Hawks Planning District received its name from effigy
mounds located in the vicinity of Five Hawks Elementary School.
Unfortunately, this early Indian artifact was destroyed by
development and grading in the area. The willows neighborhood
park and C. R. 21 trails are the only public spaces in this
neig9hborhood that have a potential population of 1800 people.
McWillies Restaurant /Bar /Marina on Green Heights Trail, is one of
only two commercial establishments remaining on Prior Lake. It is
an important part of the lake recreation environment and
community heritage. It currently operates under a conditional
use permit with limited expansion potential.
The property to the south and west of Five Hawks School is and
currently designated medium density residential in the Year 2000
Comprehensive Plan. However, approximately 10 of the 50 vacant
acres are zoned B -3 commercial and the remaining land is zoned
29
R -3. The common district boundary line between residential and
commercial was arbitrarily established thereby resulting in a
difficult platting process unless the PUD format is utilized.
Prior Lake should take action to rezone this acreage to be
consistent with the comprehensive plan of medium density
residential. An inappppropriate island of medium density exists
directly south of McWillies. This medium density zone consists
of about 2.5 acres with tremendous development constraints. The
area around this site is all zoned R -1 and developed with single
family homes. The site should reflect single family development
opportunities to be consistent with the immediate area. A vacant
residential site consisting of about 2 acres directly southeast
of the intersection of West Avenue and County Road 21 should also
be down zoned to R -2 medium residential density to reflect the
character of the area and the current comprehensive plan.
Traffic circulation in this Planning District needs to be
improved. A high priority should be assigned to the completion
of Five Hawks Avenue to improve the circulation and connect the
north and south halves of this neighborhood. 170th Street should
be extended to Five Hawks Avenue. The intersection of Five Hawks
Avenue and S.T.H. 13 should eventually be signalized. It is
possible that the current intersection of 170th Street and S.T.H.
13 will be limited to a right -in /right -out movement. The City
has initiated a study to review alternatives for this
intersection. Birch Avenue in the north half of the Planning
District still has a gravel section which should be improved to a
bituminous surface.
Two commercial nodes are included in Lhis Planning District. A
portion of the Town Center located directly south of the
intersection of S.T.H. 13 and C. R. 21. The other node consists
of the post office, bank, and lumber yard directly south of the
intersection of Anna Trail and S.T.H. 13. The downtown node is a
highly visible and accessible area. Development includes a mix
of new and old with little or no continuity in design and general
character. Increasing traffic and control devices on S.T.H. 13
and C. R. 21 will lurther isolate this node from other business
nodes in the community unless improvements in circulation and
design are made to Duluth and Main Avenue.
The commercial node at Anna Trail and S.T.H. I1 is totally
orientated to the automobile. The businesses in this area should
consider sidewalk improvement permitting pedestrian traffic
between them. Duluth Avenue which provides local access to this
node has been identified as a critical part of the ring road
system tying this node, Town Center and the Priordale business
district together. The City Capital Improvement Program
indicates that Duluth Avenue will be improved with new street,
curb and gutter, sidewalk and bike path. This improvement will
greatly enhance accessibility between the three business centers
and adjacent neighborhoods. The private sector should be
encouraged to provide pedestrian access via sidewalks to the Anna
Trail and Priordale businesses to take fall advantage of the
public improvements anticipated for Duluth Avenue.
30
DISTRICT OBJECTIVES:
1. The City of Prior Lake should initiate rezoning changes for
the Simpkin's property (vacant 50 acres southwest of Five
Hawks School) to R -2 residential and the vacant site south of
N.cWillies Restaurant to R -1 residential.
2. A trail system should be established along the District's
natural features and roadways to provide pedestrian and
bicycle links throughout the District.
3. A neighborhood park should be established in the north half
of the Planning District, perhaps utilizing the Outlot
adjacent to Green Heights Trail and Dutch Avenue or the City
property located on Cates Street.
4. The completion of Five Hawks Avenue should be establie -aed in
the Capital Improvement Program as a high priority it order
to improve north -south vehicular movements and the main
entrance to this neighborhood from S.T.H. 13.
5. New residential land uses along S.T.H. 13 shall use design
elements such as deeper lots, planted berms, fencing, and
tree cover to buffer the negative influence of S.T.N. 13.
6. The lumber yard north of Anna Trail is currently designated
B -2 commercial which is a zone reflective of Town Center. A
zoning change to B -3 highway commercial should be initiated
by the City of Prior Lake.
7. The improvement of Duluth Avenue with bike trails and
sidewalks to provide a pedestrian link between the three
business centers of Town Center, Anna Trail and Priordale,
should be completed to implement the ring road system.
Lakefront
The Lakefront Planning District is clustered around Lakefront
Park and Town Center. It includes a major portion of the Town
Center and is bordered on the southwest by C.R. 21, the southeast
by S.T.H. 13 and the north by the lake of Prior Lake. without
using S.T.H. 13, the only way to get from one part of the
neighborhood to the other is through the Park. one primary
objective of all recent planning studies has been to take better
advantage of the praximity of Lakefront Park to the Town Center.
The City has created a tax increment district within the downtown
and developed a land use plan which identifies the block by block
transition from business and governmental uses to apartment
construction and to single family lots.
This 375 acre Planning District has been developed at a density
averaging considerably less than 2 units per acre. Most of the
available land has been developed except where slopes are steep
31
GENERAL PARK POLICIES
1. Park locatior within developments should be centrally located
in order to equally serve the entire neighborhood.
2. Where subdivisions or PUD's are less than 40 acres, public
open space or a school site which is to be dedicated should,
where possible, be combined with dedications from adjoining
developments.
3. When develop.ent occurs adjacent to school sites, an
objective of the Parks and Recreation Plan is to provide a
land dedication that can be combined with the school open
space.
4. The slope, topography and geology of a dedicated site, as
well as its surroundings, must be suitable for its intended
purposes.
5. Grading on sites dedicated for park and recreational uses
shall not differ greatly from surrounding land.
6. where the Comprehensive Plan or the standards of the city
call for a larger amount of park and recreational land or
development than the developer is required to dedicate, the
land needed beyond the developer's contribution shall be
resery ed Por subsequent purchase by the city, as outlined
within an option agreement setting forth the terms of
purchase.
7. If the site to be dedicated for park land is too small to be
practical, or is inappropriate for park and recreational
purposes, the city shall require the developer to pay a cash
contribution in lieu of the land dedicaticn required.
S. An objective of the Park and Open Space Plan is that street
frontage to neighborhood parks consist of the entire length
of the park on two of its sides to: Provide better
visibility for passersby and for security; allow for
on- street parking in Pront of the park; discourage users from
cutting through private property to get to the park; develop
facilities away Prom adjacent residential property and to
provide more useable space.
9. The City of Prior Lake should acquire scenic and pedestrian
easements and or dedications along lakes, drainage ways,
ponds and wetland areas.
10. The City's subdivision planting plan requirements should be
enhanced to require developers to plant landscape materials
to add to the open space character of the community. Some
uniformity of planting materials should be established to
help create continuity within community neighborhoods.
107
11. The Parks and Recreation Department should continue to
improve the coordinated planting /replacement program for all
parks and public open space where trees and vegetation are
lacking. Particular attention should be paid to upgrading
public utility area=_ by the introduction of "immediate impact
providing" landscaping materials.
12. The City of Prior Lake should develop a coordinated street
landscaping program which includes paving, sidewalks,
lighting, waste receptacles, signage and planting areas.
Priority should be given to the Town Center and Waterfront
Passage areas.
13. The City of Prior Lake should encourage the School District
and private utility companies to begin a planting program
which is consistent with the Cityfs program.
14. Standards for development of trail, sidewalk and boulevard
planting programs should be developed by the City and
incorporated into the appropriate zoning and Subdivision
Ordinances. Specific criteria for trail surface, grading,
earth sculpturing, plant material and improvements such as
benches, water fountains, waste receptacles, lighting and
park signage must be developed by the City if they are ever
to be incorporated into future development proposals.
15. The Parks and Recreation Department should adopt a boundary
identification policy that establishes minimum standards for
park access points and outlines the use of structures such as
fences, landforms, slopes and berms, color, size, shape and
lettering type of signage, and the types of plant materials
that will provide consistent visual identity for the
boundaries of the public parks and open space system.
108
Woodlands District:
Wooded areas are an invaluable community resource that provide
wildlife habitat and interesting places to live. The uncontrolled
spread of development, and increasing demands upon natural
resources have had the effect of encroaching upon, despoiling, or
eliminating many of the woodland areas of the community. The
woodlands, if left in their natural condition, constitute
important physical, aesthetic, recreational and economic assets
to existing and future residents of Prior Lake. Woodland growth
protects the public health through the absorption of air
pollutants and contamination, through the reduction of excessive
noise, and mental and physical damage related to noise pollution.
Also, through its cooling effect in the summer months and that
woodlands provide for public safety through the prevention of
erosion, siltation and flooding. Trees and woodland growth are
an essential component of the general welfare of Prior Lake
because of their natural beauty, recreation, and their
relationship to the common heritage shared by existing and future
residents. Any development within or adjacent to wooded areas
requires sensitivity and prudent management in order to protect
the integrity and health of the woodland districts within the
community.
1. The preservation of woodlands, trees, similar wood
vegetation, and related natural resources is a priority for
all forms of development. However, no development shall be
denied solely on the basis that some trees are growing on the
property under consideration. Other factors which
demonstrate a public need for woodland preservation must be
stated.
2. Development should be conducted so that the maximum number of
trees are preserved by the clustering of structures in
existing cleared areas and natural clearings, and the use of
other site design and grading techniques. Clear cutting of
natural vegetation is prohibited within the City without
prior approval from the City, which authorizes a restoration
plan for the vegetation on the site.
3. Development should not reduce the existing crown cover
greater than fifty percent and shall be conducted in such a
manner as to preserve the understory.
4. Trees used in reforestation or. landscaping should be
indigenous species which are compatible with the local
landscape and not currently under disease epidemic.
5. The relationship of streets, highways, transportation
corridors or other development to the woodland area shall be
considered, along with alternatives for new transportation
routes and for the location of the proposed development.
112
Bluff Districts
Slopes of 203 or greater should not be disturbed and shall
be retained as private or public open space. Slopes less
than 203 may only be developed when erosion control and
vegetation restoration can be accomplished as approved by the
City of Prior Lake.
Exposed slopes shall be protected by established erosion
control methods to prevent erosion.
wetlands Districts:
It is in the public interest to protect against uncoordinated and
unplanned land development which affects marshes, swamps,
wetlands, drainage ways, lakes, and watercourses within the City
of Prior Lake. Unplanned land development results in loss and
damage to public and private improvements through inundation by
flood waters and subsequent expensive construction of storm
sewers and other public projects. Loss also occurs with the
permanent destruction of these natural rezources, loss of water
retention facilities, open space, and wildlife habitats, and
impairment of public and private water supplies. The purpose of
the policies in this district are to permit and encourage a
coordinated land and water management program and the retention
of open land uses which will locate permanent stru cures and
artificial obstructions so as not to obstruct the passage of
waters nor destroy the natural public water areas, marshes, and
wetlands within the City of Prior Lake.
1. As part of the development process, protected wetland areas
should be analyzed by professional consultants to advise
alternative methods that will most effectively preserve
wildlife habitat and provide water purification and recharge
areas for the lakes of Prior Lake. Marsh areas may require
preservation in whole or in part and may not be altered
without consent of the City of Prior Lake.
2. Filling wetland areas for the sole purpose of creating more
lots within a development shall not be allowed, unless
consistent with the wetlands Act of 1991. Dredging water
bodies for the purpose of increasing the number of lots in
any development shall not be permitted.
3. If land for recreational purposes, natural resource
preservation and /or public access opportunities within Prior
Lake becomes available for acquisition, the City shall
explore options to purchase this land to retai'I it in its
current use or to develop it further for additional
recreational opportunities.
4. The City of Prior Lake should establish a minimum setback,
(50' is recommended), from the ordinary high water mark of
all protected wetland and ponding areas to serve as a
113
transition zone between the wetland environment and adjacent
development. Alterations of topography within the required
setback shall be minimized, and the need for such alteration
shall be documented in a permit application. Plant materials
that provides wildlife habitat are encouraged to be
introduced adjacent to wetlands.
IMPLEMENTATION STRATEGIES FOR ENVIRONMENTAL DISTRICTS
1. Establish site development performance standards and criteria
for each type of environmental district which indicate
minimum acceptable standards for development. This policy
should be implemented via adoption of a wetlands, tree,
shoreland and wildlife habitat protection ordinances.
PUBLIC ACCESS - WATERS AND NATURAL FEATURES
The water and natural environmental resources in Prior Lake are
the center and principal attraction of the community. All site
development proposals should utilize and promote the intrinsic
properties of water resources and natural areas within the
community. Developments should provide pedestrian access to
these features and Town Center. Both residential and business
uses should provide outdoor open space improvements. Site design
and landscape should be attractively and carefully planned.
There should be continuity of design adjacent to natural
features. However, freedom for creative design is encouraged and
direct imitation is discouraged. Energy conservation is
encouraged. The combination of solar orientation and waterfront
orientation is encouraged. Adverse impacts on neighboring site
development is discouraged.
PUBLIC ACCESS POLICIES
The citizens of Prior Lake shall be afforded the opportunity
to enjoy water and natural resources via public access to
prominent neighborhood features.
Public access to features within Prior Lake shall consist of
physical improvements in the form of any one or a combination
of the following: walkway, bikeway, corridor, viewpoint,
park, deck, observation deck, pier, or other areas serving as
a means of view and /or physical approach to significant site
features for the public. Public access may also include, but
not be limited to, interpretive centers and displays
explaining local historical events or places.
The City of Prior Lake shall review the type, design, and
location of public access to insure development oP a public
place meeting the intent of this Comprehensive Plan. The
following criteria will be considered in determining what
114
constitutes adequate public access on a specific site. The
location of the access on the lot shall be chosen to:
A. Maximize the public nature of the access by locating
adjacent to other public areas including street -ends,
waterways, parks, other public access and connecting
trails which are also handicap accessible.
H. Maximize views of the water, natural features and sun
exposure.
C. Minimize intrusion of privacy for both site users and
public access users by avoiding locations adjacent to
windows and or outdoor private open spaces or by
screening or other separation techniques.
4. P.:blic amenities appropriate to the usr:ge of the public
access space such as benches, picnic tables, public docks and
sufficient public parking to serve the users shall be
selected and placed to ensure a usable and comfortable
public area. Interpretive features such as displays or
special viewing equipment shall be incorporated in public
access areas.
5. Regulated public access features may be limited as to
hours of availability and types of activities permitted.
However, 24 -hour availability is preferable and the access
must be available to the public on a regularly scheduled
basis.
6. All public access point features shall be provided through
land dedication, easement, covenant, or similar legal
agreement recorded with the Scott County Recorder's Office.
7. A minimum of one public access site should be provided for
each development proiect adjacent to a significant wetland or
lake Environmental District unless access standards are met
elsewhere as part of a public access plan approved by the
City of Prior Lake or public access is not required for the
development.
8. The public access area should provide the public with visual
and physical access to the shoreline area. Preference will
be given to perimeter access which provides maximum exposure
to the land and surrounding activity.
9. A public access walkway should be provided along the entire
width of the shoreline and along views of the water and
prominent natural features.
10. Walking paths must be at ground level, finished with a
surface suitable for walking, such as pavers, concrete, or
asphalt. Dirt or gravel is not suitable.
115
11. Public access plans should contain the following elements and
should incorporate public improvements such as trails and
parks within developments: Relationship of proposed access
route to transportation systems; relation of access to
pathways and ad3acent land uses; identification of special
opportunities; relation to recreational facilities; proposed
signage/ lighting, and furniture; safety considerations.
VIEWS AND VISTAS:
The maintenance of and improvement of views of community lakes
wetlands and natural features is a fundamental design element
that must be considered for all development proposals. Each
parcel of land contains unique natural characteristics such as a
knoll, bluff, wooded area or wetland, and all efforts should be
made to design neighborhoods, buildings and other structures to
accommodate and accentuate the natural elements which give
character, identity, and sense of place. The desire to view,
walk to and around natural features is a fundamental reason
residents choose to live in Prior Lake. For that reason, it is
imperative developments be designed to maximize accessibility to,
and viewing of, these features.
VIEW AND VISTA POLICIES
Unique scenic views of lakes, wetlands, their shorelines and
other prominent natural features shall be enhanced, as much
as possible, by development sensitive to orientation,
spacing, placement, and appearance of structures or
improvements that are compatible with the natural topography
and vegetation.
Subdivisions and physical development must be designed to
natural resources ourcesfou characteristics
found on site. Limited and vistas of the
development which
is sensitive to natural, scenic, or historical resource areas
may be permitted. The visual impact of altering the
landscape and of new development should be minimized.
Development of natural resource districts should be
compatible with scenic and natural qualities of the area.
Performance standards such as increased lot sizes, lot
widths, structure setbacks, and buffer areas should be
utilized to implement this policy.
Man -made structures should be placed or grouped to complement
one another and the natural landscape, provide visual
interest, and create a sense of place within the
development. Development should demonstrate a concern for
view of natural features as well as view from prominent
features such as hillsides. Structures may be located in
view corridors if the slope of the lot permits full,
unobstructed view of the feature.
116
view corridors shall be in the direction of the predominant
view of the natural feature and, when topographically
possible, generally parallel to exist'ng view corridors.
Public access of some sort, such as pedestrian walkways and
bike trails, adiacent to natural features will be required
within a subdiv sion or development area.
View towers and grade separated platforms may be used to
provide views of water and other natural resources.
Interpretive displays explaining what is seen is also an
attractive feature. Such viewpoints are considered viable
alternatives to trails or paths into certain sites.
117
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PROPOSED COMPREHENSIVE
LAND USE CHANGE MAP
"Z09202" %&I
CITY OF PRIOR LAKE
ORDINANCE NO. 92 -10
DRAFT 7 -6 -92
AN ORDINANCE AMENDING PRIOR LAKE CITY CODE AND PRIOR LAKE ZONING
ORDINANCE NO. 83 -6.
The Council of the City of Prior Lake does hereby ordain:
CITY CODE SECTION 5 -5 -10: SCREENING: AND PRIOR LAKE ZONING
ORDINANCE 83 -5 SECTION 6.10 are hereby amended to add the
following language:
(A) Purpose:
1. The purpose of this ordinance is to establish performance
standards and minimum requirements for landscaping, buffering
and screening that will enhance the visual and aesthetic
character of property and site development within the City.
The City Staff, Planning commission and City Council will
utilize these standards 1n the review and evaluation of such
plans and development proposals. This ordinance applies to
all subdivision and site plan approvals for business,
industrial, multi - family residential (projects of 3 or more
dwelling units per building), public and institutional uses
as may be permitted or conditional within their respective
zoning districts. Existing uses shall comply with this
ordinance when they apply for building permits with
exceptions for an addition or additions that in total are
under ten percent of the existing structure's gross floor
area or 4000 square feet, whichever is less.
2. The objectives of these requirements are to establish and
maintain forestation of the City; to provide appropriate
ground cover vegetation for controlled soil erosion; to
preserve and enhance, when necessary, the natural
environment, particularly in instances where the natural
environment is disturbed during the course of development;
and, to establish standards for utilization of natural and
other materials to achieve desired screening and buffering.
3. This ordinance sets forth minimum requirements for
landscaping, reforestation and technical limitations to
assure that the result is consistent with reasonable
maintenance requirements on a long -term basis and to assure
that the results provide landscape amenities to the urban
environment. To help assure the best possible results, plans
will be prepared by a trained design professional. A
Registered Landscape Architect must be used on:
a) business, institutional and industrial development with
sites over 20,000 square feet or gross building area of
4,000 square feet or more, whichever is less;
b) multi - family residential (8 units or more).
A trained landscape designer may be used on smaller projects.
This ordinance is intended to provide standards that allow
flexibility in design and individual site needs. Designers
are encouraged to utilize site landscape elements (1.e.;
trees, shrubs, ground covers, flowers, berms and ground form,
fences, walls, existing topography and vegetation, artforms,
and other similar items) in creative ways that are
aesthetically pleasing yet functional where required. In
addition to compliance with subsequent sections of this
ordinance, plan review by the City Planning Department will
include such items as: choice of materials, especially
plantings, to determine if they are functionally appropriate
for the intended purpose; hardiness; disease - resistance;
compatible choice and mix of materials; do materials
complement and /or provide pleasing contrast to on -site and
off -site conditions to maintain interest; and other issues as
site appropriate. Specific site plans may be required to go
beyond the minimum requirements to meet the purpose and
objectives of this ordinance.
(B) General Landscape Requirements:
1. The quan+.ity of plant materials shown on the landscape plans
of proposed developments shall meet or exceed the minimums as
defined herein.
2. The City requires landscape treatment of the whole site
include the following elements:
a) The site perimeter.
b) The "entry" focal area(s) of a development (i.e.; major
entry drives, corner areas, signage locations, and other
similar focal points).
c) The parking lot landscape.
d) Screening of mechanical equipment, exterior storage,
loading docks, trash storage, or visual clutter as
identified by the City in the plan review process.
3. The plant materials used must meet or exceed the City
standards of size and specie in order to qualify for credit
towards the landscape requirement. Additional plant
materials smaller than required herein may be appropriate and
necessary to achieve the design effect.
4. Preservation of existing vegetation on site, if it can
successfully be incorporated into the landscape plan, should
be encouraged and credited toward the landscape requirement.
5. Plantings at street intersections shall not block visibility
within a clear view triangle.
Plantings shall not interfere with drainage patterns, create
unreasonable conflict with utilities (i.e., frequent pruning
near overhead power lines, etc) or restrict access to all
utilities.
Landscape coverage shall be defined as all ground areas
surrounding the principal building and accessory buildings
which are not garden areas, driveways, parking lots,
sidewalks or patios. All ground areas shall be landscaped
with grass, shrubs, trees or other approved ornamental
landscape material.
(C) Calculation of Requirements, Credits and Sizes:
The planting requirement shall be the sum of the following
separate requirements. These formulas are only intended as a
method to generate a quantitative performance level and not a
design instruction. Creativity of design is encouraged to
provide specific solutions.
a) Tree Calculation:
Business /Industrial /Institutional sites shall contain,
at a minimum, the greater of:
1. 1 tree required per 40' of site perimeter, or
2. 1 tree per 1000 square feet of gross building area.
Multi- residential sites shall contain, at a minimum, the
greater of:
1. 1 tree per dwelling unit, or
2. 1 tree required per 40' of site perimeter.
b) Entry Plantings: Each major entry point, focal point,
etc. (See Section B, 2, b) into the project or building
shall be treated with landscape development (trees,
shrubs, etc.) . No numerical requirement of plants is
offered, but every development project has at least one
such feature, and the landscape plan shall reflect the
proposed treatment. Trees required on the perimeter
calculation are not applicable to this design feature.
c) Parking Lot Landscape: As identified in Section D (1 and
4) parking lot islands and screening shall be provided.
No numerical requirement for plants is provided, but use
of canopy trees to provide shade and shrubs to break up
the area are encouraged. The perimeter tree planting
requirement may be used to provide shade and shrubs to
soften the internal sight lines and screen small storage
areas is required.
d) Miscellaneous Screenings: As identified in Section E
(Other Screening) miscellaneous screening shall be
provided. No numerical requirement for plants is
provided and the perimeter tree planting requirement may
be used to provide trees for this purpose but the
effectiveness shall be as described in Section E (Other
Screening).
Plant Sizes (New): Plants provided by the developer as credit
for meeting the landscape requirement shall meet the
following size criteria:
a) Deciduous Canopy Trees: 2 1/2" caliper B 6 B (at 6
above ground).
b) Evergreen Trees: 6' high B S B
C) Others:
1. Ornamental or half trees: 1 -3/4" caliper (can
substitute for canopy trees at a ratio of 2
ornamental /half trees for 1 canopy tree).
2. Other shrubs: No minimum, except that they must
meet the stated purpose (screening, etc.).
d) All plantings shall be appropriate to the hardiness one
and physical characteristics of the site. They shall
conform to the size and quality standards in the most
current edition of the American Standard for Nursery
Stock as published by the American Association of
Nurserymen.
e) All deciduous trees proposed to meet the minimum
requirements shall be long - lived, hardwood species. A
list of desirable and prohibited plant material species
is incorporated as policy in this ordinance and will be
maintained and kept on file with the City Planning
Department.
f) The complement of trees fulfilling the minimum
requirements shall typically not be less than 253
deciduous and not less than 253 coniferous to maintain a
mix of plant types. Any proposed modification to this
requirement will consider the site specific design
solution if site conditions are deemed appropriate and
other functional requirements (screening, etc.) are
met.
g) installation will be in accordance with professional
horticultural standards as established with the most
current edition of the Landscape Construction Reference
Manual as published by the American Nursery and
Landscape Association.
Credits for Existing Materials: The developer may request
credit for plant materials preserved on site provided it is
demonstrated that they have accurately identified (by specie)
and located (by survey), their correct location shown on the
grading plan and that measures have been taken and shown on
the grading plan to ensure their survival (i.e.; snow fence
barrier, appropriate distance to tree base and root
structure, etc.). This tree protection /preservation plan
should be prepared by a forester, registered landscape
architect, arborist or equally qualified person.
a) Existing trees must conform to the minimum size
requirements (identified in 2 above) to be credited.
b) Plants must be of approved species as currently recorded
by the City as appropriate materials. Weak wooded and
disease prone species are not suitable for credit.
C) The extent of credit will be based on staff review of
data (plans and narrative) presented by the developer.
Criteria will include type of material, size, quality,
location and extent of site coverage.
Variation of Plant Sizes:
a) For all landscape plans, at least 108 of the evergreen
and /or deciduous canopy trees must exceed the minimum
size (to 8' high and 3 1/2" caliper B & B respectively)
to establish some diversity in size.
b) For multi - family projects, 208 of the required plants
shall be of the larger sizes. These plants shall be
used in the areas for strategic screening, softening of
buildings, focal point enhancement, adjacent to
recreational areas for shade etc.
(D) Parking Lot Landscape
1. To avoid undesirable monotony, heat and wind associated with
large parking lots, such lots shall have lineal and row end
internal landscaped island /traffic delineators in addition to
any required traffic safety islancxt. Landscape islands shall
be at least 58 of the paved parking lot area in excess of
3000 square feet. A parking island is considered to be 9' x
18' or 162 square feet (equivalent of one parking stall),
although the shape and location will be a desig., option of
the developer. Minimum width shall be 6 feet.
2. Industrial yard storage, outdoor retail display areas or
similar type areas are exempted from the parking lot island
requirement.
3. Landscaping of parking lot islands shall include some
combination of mulch, lawn, shrubs and /or trees. The intent
is to provide shade, focus or promote traffic patterns,
(define drive aisles and rows of parking), limit rows of
visually uninterrupted parking stalls to a maximum of 180
feet, soften ground level views, yet maintain appropriate
visibility for safety.
4. Parking lot screening shall be provided on the perimeter of
any new parking lot.
a) Screening shall be provided using a combination of
shrubs, evergreen trees, fencing, berming, etc., to
minimize the effect of headlights and reflected light
from bumpers, grills and headlights. Screening must
attempt to address at least 608 of the perimeter where
views of the parking lot could originate.
b) Effectiveness of the screening shall be 80% opacity
year- round.
C) Berming must achieve 30" high to provide 808 opacity on
3' high screening (berms cannot be used as the only
method of screening. They must be used in combination
with other elements).
d) Plant materials must be spaced no more than 30 apart on
single rows of deciduous shrubs, 48" apart on double
staggered rows of deciduous shrubs, with initial planted
height of at least 2' (spacing may vary or be less
subject to species used).
e) Evergreen trees must be placed no further than 8' apart,
to be counted as screening.
All parking lot islands or landscape areas must be separated
from the parking surface by cast in place concrete curbs.
(E) Other Screening:
Developments shall make apparent design efforts to fully
screen service areas, trash storage, loading, mechanical
equipment, and other similar areas, from view by the general
public or adjacent residential areas. The screening
provisions for parking lots shall be followed except that
berming and fencing heights must be increased to a minimum of
4' with an overall effective screening height of 6 1 . ( Berms
cannot be used as the only method of screening. They must be
used in combination with other elements.) Each site will be
evaluated as to its specific needs and solution which may
exceed these minimum standards.
(F) Grounds and Lawns:
1. All areas must be finished off with a stable landscape
(trees, shrubs, turf, mulch, etc.) or constructed surface.
No site areas can be left unfinished, subject to erosion.
Landscape rock or bark /wood chip mulch may be substituted for
sod in shrub and flower planting beds and building
maintenance strips.
2. All lawn areas and drainage swales shall be sodded. At least
1' width of sod shall be provided adjacent to all paved
surfaces or curbs. Seeding or reseeding is allowed for less
visible or large and remote portions of a site that are
unused or subject to future development. Seed mixes could
include prairie grass or other appropriate low- maintenance
mixes.
3. Slopes in excess of 3:1 will not be allowed in areas intended
for maintained turf. Slopes of up to 1 1/2:1 may be allowed
with a slope stabilization plan approved by the City
otherwise terracing and /or retaining walls will be required.
All areas to be lawn and landscaped shall have a b"ilt -in
irrigation system. An irrigation plan shall be required at
the time of obtaining the building permit. This plan shall
indicate the overlapping pattern, head type, control type and
location, source of water and connection method. The system
plan shall be prepared by a qualified designer with
experience designing systems for similar uses (project type
and size). Permanent underground irrigation is not required
for existing, new or re- established native plant
communities.
Undisturbed areas containing existing viable natural
vegetation shall be maintained free of foreign or noxious
plant materials.
(G) Maintenance Standards:
All cultivated landscape areas shall be maintained by the
property owner to present a healthy, neat aid orderly area.
This shall include:
a) Maintain a healthy, pest -free condition.
b) Remove dead, diseased or dangerous trees or shrubs or
parts thereof.
C) Provide appropriate pruning per National Arborist
Association and American Nurserymen Association
Standards.
d) Mowing and /or removal of noxious weeds and grasses.
e) Remove trash and other debris.
f) Watering to ensure plan growth and survival.
Natural plant communities shall be managed in order to
maintain the plant community for the purpose that it was
preserved or created. This includes trimming as needed of
all noxious vegetation and long grasses, removal of trash or
other debris and other horticulturally appropriate
maintenance methods for the specific type of plant
community.
(H) Performance Guarantee:
All plants shall be guaranteed by the developer for one year
after total project acceptance.
Irrigation shall be guaranteed for one year concurrent with
the plant guarantee. This will assure one winter season with
a fall shut down and spring start -up.
The developer shall notify the City prior to total project
acceptance, for City concurrence on the acceptability of the
complete landscape installation. The City shall issue a
letter accepting the installation and therein fixing the date
for guarantee purposes.
The developer shall post a letter of credit with the City for
the complete landscape installation (plants, and irrigation).
The letter of credit shall be held by the City and used, if
necessary, to effect satisfactory completion of the project
for incomplete or failed work. The value of the letter of
credit shall be 125% of the estimated construction costs for
plants, irrigation, mulch and edgers.
Release of the letter of credit or unused balance shall occur
following the City review of landscape and irrigation just
prior to the expiration of guarantee, providing that the
plants are acceptable and irrigation operable on that date.
(I) Submission Requirements:
Landscape plans must be drawn to scale, show all proposed
plants, quantities and sizes, seed /sod areas /limits, etc.
The plan(s) must include the entire project area. Include
project name, developer, registered landscape architect or
landscape designer, architect, dates, existing site
conditions (topography, vegetation, ponding areas or water
bodies, utilities, boundary data, walks, etc.), proposed site
conditions, (grading plan, tree preservation /protection plan,
etc.), site lighting, off site conditions approximately 100
feet beyond the site, and other site conditions that would be
expected to affect landscaping.
Calculations to evaluate compliance with the ordinance
provisions including: area in square footage and percentage
in total area for building, parking lot (including
driveways), landscape areas and total area; and quantities of
trees and shrubs required and planted or preserved.
Supportive plans, details, written narrative notes,
cross- sections or other information as may be required by the
Planning Staff that is reasonable and necessary to
demonstrate the design intent and general compliance with
this ordinance, including, but not limited to, items listed
under Section B 2.
15 copies of all plans shall be submitted.
This ordinance shall become effective from and after its passage
and publication.
Passed by the City Council of the City of Prior Lake this
day of , 1992.
ATTEST:
City Manager Mayor
Published in the Prior Lake American on the day of
19
Drafted By:
Greg Kopischke
Westwood Professional Services, Inc.
14180 Trunk Hwy. 5
Eden Prairie, MN 55344
(612)937 -5150
v �
r
\ ' T
PLANNING REPORT
SUBJECT:
APPLICANT:
PRESENTER:
PUBLIC HEARING:
DATE:
COMPREHENSIVE PLAN AMENDMENT AND REZONING
WESTBURY DEVELOPMENT CORPORATION
HORST W. GRASER, DIRECTOR OF PLANNING
X YES NO
AUGUST 6, 1992
SITE ANALYSIS
INTRODUCTION•
West ur�lopment Corporation has submitted an application for
a Comprehensive Plan Amendment and Rezoning for approximately 60
acres of vacant land in the Five Hawks neighborhoGd (see attached
naps for location). The 1981 Comprehensive Plan designates the
subject site as medium density residential with some natural open
space in the northeast corner of the site. The zoning of the
subject site is a combination of C -1, R -3, and B -3, which is
inconsistent with the comprehensive plan.
The applicant has actively summarized the facts and issues in the
application (attached) . The objective of the applicant is to
obtain the necessary amendments and develop a single family
neighborhood. A concept subdivision plan is attached for
purposes of reference only. Any discussion relative to
subdivision design should be deferred until the appropriate
hearing has been scheduled.
HISTORY /BACKGROUND
The 1981 Comprehensive Plan designated the subject site to medium
density residential as well as other vacant properties in the
Five Hawks and Spring Lake Willows neighborhoods. In 1981, the
Council rezoned the subject site to R -3 and B -3 (its current
zoning). The B -3 zone was modified via a contract with the
applicant and City. Development plans for the site were
prepared, however, the developer grossly misread the market for
R -3 and B -3 land and eventually went bankrupt leaving behind a
development plan that had little or no market and poorly
designed. The property had been assessed and was accruing
assessments and taxes which are now 7 or 8 years delinquent.
The 1981 Comprehensive Plan is a document that is generally
vague, lacks direction, and is outdated. Although the document
contains the required elements of long range planning, it lacks
the detail and specificity needed to guide development. A copy
of the 1981 plan is attached which describes the Five Hawks
neighborhood.
4629 Dakota St. S.E.. Prior Lake. Minnesota 55372 / Ph. (612) 4474230 1 Fax (612) 447 -4245
A EQUAL �PPODUNT EMPLOYER
PHYSIOGRAPHY
The composition of the property can be distinguished by two soil
categories. About 13 acres of marsh (DNR Type III Wetland) form
the northern border and gently sloping clay and loam encompass
the remainder of the site. Some steep slopes are present in the
transition area between the two categories. Considerable
overstory forms a vegetative ring around the marsh. The
remaining 47 acres are being cropped.
ADJACENT USES:
Th sTh subject ssite is the largest vacant property in the Five
Hawks neighborhood and along the STH 13 strip. This large
remnant property borders a variety of different land uses leaving
one with the thought of a multiple use development. The site
borders STH 13 on the South by about 1600 feet. Five Hawks
Elementary School forms the east border. A 13 acre wetland is
the northern border with single family detached homes to the east
of the site. A single use development will require sensitive
innovative ideas to respect and mitigate the positive and
negative aspects of adjacent uses.
PLANNING CONSIDERATIONS
Every now and then opportunities appear that will resolve major
land use issues. This is one of those opportunities. It 1s
highly unlikely that the subject site with its current zoning,
subdivision requirement, contract zone, and size is developable
in the near future.
The market for R -3 land in Prior Lake is almost non - existent at
the present time. There are about 30 acres of R -3 zoning on the
site that can generate a total of 420 units. Altogether there
are only 340 apartment units in all of Prior Lake. The market
for attached single family units is equally flat and is expected
to remain flat.
It is doubtful that the 16 acres of restricted B -3 zone along STH
13 will find a market in the next 10 to 20 years. It is highly
likely that the County Road 83 corridor will develop into
community identifying gaming and recreational land uses with
supportive commercial. The street system, intersections and
parks currently in place to support the existing zoning are
inadequate and would require substantial upgrading to accommodate
demand. The systems impact of a low density development is
consistent with -V a infrastructure already in place and would not
place pressure= on the community to prematurely fund
improvements.
Prior Lake's current Comprehensive Plan Draft calls for the
subject site to be designated medium density residential which
does permit both single and two family development at a reduced
lot size. The proposed designation is in part reflective of the
difficulty in downzoning. A low density designation is totally
consistent with the neighborhood and the level of infrastructure.
The effects of downzoning have been analyzed by the applicant on
pages 11 -14 of the application.
Attached to this report are several pages taken from the draft
Comprehensive Plan which reflect community goals and objectives.
In addition, greater detail is provided translating the general
goals and objectives into specific design criteria. The
applicant has been furnished with these pages to aid in the
design and development of the site.
RECOMMENDATION•
Low density development is clearly the choice to complete the
development of the Five Hawks neighborhood. The residential
development between 5TH 13 and Prior Lake is predominantly single
family. It is prudent to continue this predominant pattern
rather than continue to plan for densities that have no market
share and are unpopular with neighborhood residents. Also Prior
Lake's supply of R -3 zoned and B -3 zoned is sufficient to meet
the needs of the next 10 -15 years.
The Zoning Code should be amended to reflect the change in land
use designation to be consistent with the Comprehensive Plan. It
should be noted that the approximate 13 acres of marsh will
remain as C -1 conservation Zoning.
A SINGLE FAMILY DEVELOPMENT
WESTBURY PONDS
COMPREHENSIVE LANDUSE GUIDE PLAN AMENDMENT
ZONING ORDINANCE AMENDMENT
BY
WESTBURY DEVELOPMENT CORPORATION
JULY 28, 1992
R. P. SMITH
LAND PLANNING CONSULTANTS, INC.
(612) 861 -6940
FAX 861 -8084
R. P. SMITH
LAND PLANNING CONSULTANTS, INC.
3009 WEST 70 112 STREET
RICHFIELD. MN 55423 -2846
(612)861 -6940
FAX 861 -8084
July 29, 1992
TO: City of Prior Lake
Honorabla Mayor /City Council,
Planning Commission,
City Staff
FROM: ESTATE OF SIMPKINS
THRU: WESTBURY DEVELOPMENT CORPORATION
12433 Princeton Avenue
Savage, MN 55478
RE. Comprehensive Land Use Guide Plan amendment/ Rezoning Amendment.
Dear Mr. Mayor:
This report constitute the written narrative and supportive graphics required by the City of
Prior Lake to be submitted, in conjunction with Westbury Development Corporation's proposal
to amend the Land Use Guide Plan and zoning ordinance, and obtain informal "Concept Plan"
review (collectively referred to as the application).
WESTBURY PONDS is a proposed 59.80 acre, proposed single family subdivision which will be
submitted by Westbury Development Corporation as a conventional preliminary plat upon
acceptance of this application by the City of Prior Lake.
We thank you for you consideration and for your review for this proposal.
Sincerely yours,
Robert P. Smith, ASLA
President,
R. P. Smith Land Planning Consultants, Inc.
On behalf of Westbury Development Corporation.
1.
WESTBURY PON
APPLICANT
Simpkins Estate
% William Simpkins, Administrator
P.O. Box 176
Osseo, MN 55369
(612)421 -0876
Westbury Development Corporation
12433 Princeton Avenue
Savage, MN 55378
(612) 894 -1888
PREPARED BY
R. P. SMITH LAND PLANNING CONSULTANTS, INC.
3009 West 70 112 Street
Richfield, MN 55423 -2846
(612)861 -6940
FAX 861 -8084
The Simpkins Estate and Westbury Development Corporation is requesting approval of this
Comprehensive Landuse Guide Plan amendment from Medium Density Residential to Low Density
Residential on 59.80 acres. The applicant also requests the rezoning of the parcel from R -3
high density residential and B -3 General Business back to R -1 Low Density Residential.
Westbury Development Corporation also petitions for the informal review of the attached 120
lot single family subdivision "Concept Plan ".
PROJECT IDENTIFICATION
Location
The subject parcel is located within the Five Hawks Neighborhood. Approximately 1620 feet of
the southerly border is on Highway 13, the remaining 822 feet of the southerly border is the
West Edge Estates. The entire west side of the parcel is the Willows Sixth Addition, a single
family subdivision. On the north side is the single family subdivisions of Spring Brook Park
and Green heights with a Type III wetland between. On the northeast is Five Hawks Elementary
School, and on the east across Five Hawks Avenue is the Faith Evangelical Lutheran Church.
Legal description prepared by Valley Surveying, Co. PA
Over all Legal Description
That part of the West Half of the Southwest Quarter of Section 2, Township 114, Range 22,
Scott County, Minnesota and that part of the Southeast Quarter of the Southeast Quarter of
Section 3, Township 114, Range 22, Scott County, Minnesota and that part of Government Lot 1,
of said section 3, described as follows:
3.
Commencing at the southwest earner of said West Half of the southwest Quarter; thence
northerly along the west line of said West Half of the Southwest Quarter a distance of 990.50
feet; thence easterly at right angles to said west line a distance of 150.78 feet to the point of
beginning of the land to be described; thence continuing easterly at right angles to said west line
a distance of 800.00 feet more or less to the west line of the east 366.00 feet of said West Half
of the Southwest Quarter; thence southerly along said west tine of the east 366.00 feet to the
northerly right -of -way line of State Trunk Highway No. 13; thence southwesterly along said
northerly right -of -way line to its intersection with the east line of the west 820.00 feet of the
Southeast Quarter of the Southeast Quarter of said Section 3; thence northerly along said east
line of the west 820.00 feet to the north line of the south 390.00 feet of said Southeast Quarter
of the Southeast Quarter; thence westerly along said north line of south 390.00 feet to the west
line of said Southeast Quarter of the Southeast Quarter the same being the east line of the plat of
WILLOWS SIXTH ADDITION: thence northerly, easterly and northerly along the east line of said
plat to its intersection with the south line of the plat of GREEN HEIGHTS; thence easterly along
the south line of said plat of GREEN HEIGHTS and the south line of the plat of GREEN HEIGHTS
FIRST AnnITION, to the west line of Lot 14, SPRING BROOK PARK 2ND ADDITION; thence
southerly along said west line to the southwest corner of said Lot 14; thence easterly along the
south line of Lots 14, 13, 12, 11, 10, 9, 8, 7, 6, and 5, of said plat of SPRING BROOK PARK
2ND ADDITION to the southeast corner of said Lot 5; thence northerly along the east line of said
Lot 5, to the northeast corner, the same being the northwest corner of Outlot A, of said plat;
thence easterly along the north line of said Outlot A. to the northeast corner; thence southerly
along the east line of said Outlot A, the same being the west line of Lot 4, of said plat to the
southwest corner of said Lot 4; thence easterly along the south line of said Lot 4, a distance of
30.00 feet; tfience northeasterly to a point distant 1090.00 feet northerly (as measured
parallel with the west line of said West Half of the Southwest Quarter) from the point of
beginning; thence southerly along said parallel line a distance of 1090.00 feet to the point of
beginning.
Containing 59.80 acres.
B -3 Legal Description
That part of the Southeast Quarter of the Southeast Quarter of Section 3, Township 114, Range
22, Scott County, Minnesota and that part of the West Half of the Southwest Quarter of Section
2, Township 114, Range 22, Scott County, Minnesota described as follows:
Beginning at a point on the west line of said West Half of the Southwest Quarter distant 990.50
feet northerly of the southwest corner; thence easterly at right angles to said west line a
distance of 950.78 feet more or less to the west line of the east 366.00 feet of said West Half of
the Southwest Quarter; thence southerly along said west line of the east 366.00 feet to the
northerly right -of -way line to State Trunk Highway No. 13; thence southwesterly along said
northerly right -of -way line to its intersection with the east line of the west 820.00 feet of the
Southeast Quarter of the Southeast Quarter of said Section 3; thence northerly along said east
line of the west 820.00 feet to the north line of the south 390.00 feet of said Southeast Quarter
of the Southeast Quarter; thence northeasterly to the point of beginning.
Containing 16.34 acres.
R -3 Least Desert
That part of the West Half of the Southwest Quarter of Section 2, Township 114, Range 22, Scott
County, Minnesota and that part of the Southeast Quarter of the Southeast Quarter of Section 3,
Township 114, Range 22, Scott County, Minnesota and that part of Government Lot 1, in said
Section 3, described as follows:
Beginning at a point on the west line of said West Half of the Southwest Quarter distant 990.50
feet northerly of the southwest corner; thence easterly at right angles to said west line a
distance of 150.78 feet; thence northerly parallel with said west line a distance of 550.00 feet;
thence westerly to the angel point on the easterly line of Lot 9, Block 1, WILLOWS SIXTH
4.
ADDITION, Scott County, Minnesota; thence southerly, westerly and southerly along the east line
of said WILLOWS SIXTH ADDITION to its intersection with the north line of the south 390.00
feet of the Southeast Quarter of the Southeast Quarter of said Section 3; thence easterly along
said north line to the east line of the west 820.00 feet of said Southeast Quarter of the Southeast
Quarter; thence northeasterly to the point of beginning.
Containing 29.94 acres.
The applicant /fee owner of the parcel is the Simpkins Estate. The developer and contract
purchaser of this parcel and proposal is the Westbury Development Corporation. Upon
satisfactory approval of this Compre ^znsive plan and rezoning amendment Westbury
Development Corporation will become the fee owner of the parcel.
Pre - 1981 Original 1980 Guide Plan Classification indicates a medium density for the
entire parcel. The density as suggested by the Comprehensive Plan ranges
from 4 to 8 units per acre. The original zoning for the parcel is R -1, low
density residential, at 0 -4 units per acre.
Jul. 20, 1981 Prior Lake City Council adopts resolution to rezone approximately 64 acres
of land from R -1 low density to a combination of B -3 General Business
(with contract agreements to greatly limit uses) and R -3 high density
residential of up to 16 units per acre. Additionally, a request to amend the
Comprehensive plan was not approved to change the designation from
medium density residential to high density residential.
Aug. 1, 1985 Prior lake City Council adopts resolution to vacate Dreyfus and rededicate
as Willows lane with new alignment. Willows 4th and 5th additions
compressive plan and rezone to R -1 low density residential (west of
Willows Lane). East of Willows Lane (west side of this, subject parcel)
down zone from R -3 to R -1 Single family residential. Minor comp. plan
amendment (under 40 acres) to reflect down zoning change.
5.
C- ENERA' SITE ANALYSIS
Topography of the site is generally sloping from highway 13 north, and draining is into a Type
III wetland on the north end of the site. Most of the slopes on the site are within 0 % -6 %.
However, on the northeast corner of the site behind the school and extending on to the school
property, slopes increase in severity to 50 %. Vegetation on the site is primarily cultivated
row crop fields. The soils range from sand loam to silty clay loam and pockets of silty clay.
There are two DNR wetlands on the north end of the site the combined size is approximately
7.68 acres. These wetland drain to the east and then into Prior Lake. The down stream drainage
area is presently under study by the City of Prior Lake to determine storage capacities, flow
rate, runoff intensity, etc. These wetland are a valuable resource to only as a water shed to
increase water quality of down stream Prior Lake, but also to the surrounding neighborhoods
and the school as an open space amenity.
Surrounding Land Use /Zoning
The present zoning of this parcel is R -3 high density residential and B -3 "contract agreed" B -3
General Business. The parcel immediately to the west as previously mentioned has been down
zoned to R -1 low density residential and has single family home built on it. The wetlands to the
North are zone C-1 ... conservation district. Five elementary School in the north east corner is
also zoned C -1 and is a permissible use in the C -1 district. The land southeast of the site
between highway 13 and the this parcel is zoned, and partially built out with town houses.
Shore Line Management District
The most northwesterly corner of the site may by within the 1000 foot setback of the OHWL of
Prior Lake. However, at the time of this write that line has not been determined.
This parcel is bounded on the south side by approximately 1600 feet of State Aid Highway 13.
However, additional access to the highway must be limited to the present streets for safety.
Traffic and circulation requirements were identified In the Wilson Management Study conducted
in 1985. The study was prepared to provide realistic guidelines for the preparation of a plan
addressing land use, circulation, and other development considerations. The study identified
both short and long term recommendations. The Metropolitan Council categorizes Prior Lake as
a free standing community by its separation from the urban center. Additionally, with respect
to development, Prior Lake is defined as an automobile oriented community. From the Wilson
study: "Seventy nine percent 79% of the residents must travel toward the urban centers to
support a lifestyle hear." Most of the residents of Prior Lake live north of this site resulting in
only 29% of the residents passing by. A particular objective should be to place limits on the
business strip, particularly on the south end of the City where traffic volumes are reduced.
6.
In tie Five Hawks Neighborhood County Road 12 or 170th Street is considered a secondary
traffic circulation system the most recent count from 1989 reflects approximately 4700 ADT
on 170th at 13, and 9200 ADT on 13 just north of 170th. The Highway 13 Alignment runs
diagonal to 170th, and 170th does not line up with the street on the east side of 13. This results
in an off set and diagonal not signaled intersection (however traffic counts do not warrant
signalization). As an objective is to relieve Highway 13 traffic of as much unnecessary traffic
as possible. An alternative roadway can be utilized to link separate neighborhoods. A roadway
connection from Willow Lane to Five Hawks Avenue and Five Hawks Elementary School would
relieve congestion at the 170th Street and Highway 13 intersection, and link the neighborhoods
to the north and west to the school.
Existing Utilities
The site is served by adequate City water and sanitary sewer in Willow Lane and in Five Hawks
Avenue.
The business clusters along Highway 13: Gateway Center, Town Center, Priordale Mall and
McDonalds reflect the zoning and land use intended although they are a collection of unrelated
business centers. The subject site was rezone in 1981 from R -1 to R -3 and B -3 which
substantially increased the available inventory of high density traffic generators, but these
developments did not materialize. In fact a significant change the Five Hawks Neighborhood and
part of the original parcel /zoning district is the "down zoning" of the subdivisions on Willow
Lane from R -3 high density residential back to the original R -1 low density residential in
1985. The most damaging aspect to the B -3 district is the intersection of 170th and Highway
13. If the B -3 were to be developed a substantial change to the acute angles of the intersection
will be necessary to create one signalized intersection.
The pre 1981 zoning designated the parcel at R -1 low density residential use. Because of the
lands gentle slopes, inward aspect (away from highway 13) the Type III wetlands, and Five
Hawks Elementary School. The 1980 Comprehensive plan designated the site as medium density
residential 4 -8 units per acre which accommodates the single family zoning. However, the
medium density designation would yield 520 multiple units, based on the 1981 site of 65 acres.
If the Comprehensive plan were consistent with the zoning at low density 0 -4 units per acre the
yield would be 260 single family units, based on the 1981 65 acre site.
After examining the site, a conclusion can be derived that the original zoning took into
consideration the natural features of the site, the surrounding existing single family
7.
neighborhoods to the west and north, the reduced storm water runoff associated with single
family development and the proximity to Five Hawks Elementary School. Single family
development has the potential to produce overall lower traffic volumes generated by a site then
multi family.
EXISTING COMPREHENSIVE PLAN /ZONING CLASSIFICATION
The present comprehensive plan designates approximately 60 acres as medium density
residential. Which is significantly different from the 1981 rezoning which changed the site to
R -3 and B -3. This action was adopted bythe City of Prior Lake on July 20, 1981, as a result
of the petition by Willow Lane Properties, Inc., Thomas L. Steffens, President. The following
reasons were used to justify the change in zoning classification.
1 . The property is adjacent to highway 13 which would result in a substantial
volume of driveby traffic to support general business.
2. "the request for rezoning to commercial designation and R -3 is also based upon
economic considerations and the past developmental history of Prior Lake"
3. "inordinately large number of single family lots with improvements and utilities
in"
4. "the recent de- regulation of the home mortgage industry and current prevailing
high rate of home loan mortgage rates"
5. "the relative unavailability of home loan mortgage money"
6. "the spiraling cost of single family dwellings"
7. "the pent -up demand for home ownership; and"
8. "the growing acceptance over the last decade of condominium /townhouse
ownership"
History has made it clear that these reasons were based in the economics of an individual
developer with incorrect reference data. That proposal was not based on sound planning
principles of the best use of the site, traffic management, site and neighborhood impact,
wetland /runoff impact, and future commercial absorption rate.
The 1981 proposal as reflected in the June 22, 1981 City Council minutes would yield 450
town house and condominium units on approximately 35 acres and 81,1312, B3 on the full length
of Highway 13. The June 15, '81 staff report to Planning Commission noted "if rezoned to R -3
the City would relinquish virtually all of Its control over pending development ". Additionally,
in the same report "currently the need does not exist for more commercial property in Prior
Lake as experienced by the lack of interest in construction in existing commercially zoned
property." The planning commission minutes also noted "staff recommended to eliminate the
commercial zoning from this proposal ".
All of these points have illustrated that there was considerable doubt that the 1981 proposal by
Willow Properties, Inc. would be the best use for the land.
8.
The final rezoning approval was to adopt an average density of 10 L ... — per acre, resulting in a
total of 450 town house and condominium units. The final out come of the B1, B2, B3 proposal
was a contract zoning agreement limiting permitted B -3 uses, signed in August 1981.
PERMITTED USES
Eating and Drinking Places accessory
to Hotels and Motels
Funeral Homes
Commercial Recreation
Offices and Banks
Personal and professional Services
CONDITIONAL USES
Public Buildings
Public Utility Buildings
Radio and TV Stations
Auto sales, Service and Repair
Recreation Equipment, Sales,
Service and Repair
Motor Fuel Stations
Retail
Eating and Drinking Places
Whole Sale Business
Animal Clinics
Note of Discrepancy
The Comprehensive Plan was not amended in 1981 to bring the Comp. Plan up to date with the
above zoning. The reason was stated in the May 21, 1981 Planning Commission Minutes: "He
stated that because the Comprehensive Plan is so recent it would be unlikely that an amendment
to accommodate the proposal would receive favorable recommendation."
PROPOSED REGUMING AND REZONING OF THE PROPERTY INCLUDING
RELATIONSHIP TO DEVELOPMENT CP.ITERIA
The application is to reguide the above mentioned subject parcel, presently designated as
medium density residential 4 -8 units per acre to the low density residential designation.
Additionally, this application is to rezone the same area classified as B -3 General Business and
R -3 High Density Residential back to the original zoning of R -1 low density residential
classification. This duel amendment will being the entire parcel into conforming designations,
and the designations will be contiguous with the zoning and use of the land to the west and north
across the wetland.
To determine the appropriateness of individual categories of land uses, guidelines or criteria
must be designed to measure the effects on neighborhoods, pedestrian and vehicular circulation,
community facilities, size of developments, boundaries and corresponding zoning classifications.
The Low Density Residential boundaries can be defined in several ways: by arterial street or
highways, natural boundaries such as wetlands, lakes, ridges and forested areas. Changes in
landuse such as schools, or larger parks also define neighborhood boundaries.
Within a neighborhood well defined walkways should be established to connect neighborhoods
with major public and private neighborhood facilities. Such facilities include schools, parks,
9.
transit stops, churches, and convenience shopping. Vehicular circulation should provide a safe
and convenient traffic flow were possible. The development must be compatible with the
topography and vegetation of the site and area.
The community facilities of parks, playgrounds and open spaces can function as a neighborhood
identifier or community resource. A maximum lot coverage by buildings should not exceed 15%
to 20 %. The requirement of City utilities be available to the site to support the development
will limit "leap frog development'.
This development criteria supports the pre 1981 zoning of R -1 Low Density Residential, and
this application of Comprehensive Plan and zoning amendment to low Density and R -1.
The entire parcel as illustrated in the attached "concept Plan" can support single family housing
with a minimum lot size of 10,000 square feet at a density of 0 -4 units per acre. The site has
adequate public utility services to it with the capacity to support this single family landuse
category.
The desired pedestrian linkage on this site would be east west to link Five Hawks Elementary
School to the Willow Lane neighborhood to the west. The wetland on the north edge of the site is
actually 2 wetlands separated by a wooded nob about 400 feet across. This open space functions
as a buffer between the school and the Spring Green subdivision. In the future this
wetland /open space will not only define the the north edge of this development of "Westbury
Ponds, but will be a neighborhood identifier. The school playground defines the northwest
boundary and transitions this development to the school building a distance ranging from 250
feet to 600 feet.
This plan has an emphasis on convenient and safe vehicular access from Willow Lane to Five
Hawks Avenue (discussed later in this narrative). This development is a scale which public
transit, school buses, and community trail systems can be applied.
The above criteria for single family development establishes that the development relates to
most of the terrain and other natural features. The development adequately buffers most
adverse impacts of external effects. To support this point, the northeast corner of the site has
sever slopes. Intense pedestrian and vehicular use should be restricted from this area. During
the development stage of the project a berm and plant screen can be established to enhance the
buffering between highway 13 and the lots. Additionally, deeper lots are designated in this area
to add an element of distance to more effectively transition and buffer the highway.
10.
DESCRIPTION OF PROPOSED SINGLE FAMILY PLAN
Shown on the "concept plan" for Westbury Ponds as submitted as part of this application for
informal review. The proposed single family subdivision of Westbury Ponds consists of 120
single family lots. The minimum lot size permissible by R -1 zoning is 10,000 with 80 foot
wide lots at the setback line. In the concept plan the lot and street configuration generally
conforms to the natural topography and constraints of the wetlands. The internal street system
is generally a loop system of parallel curved streets. The major consideration of the street
system is the direct link between willows Lane and Five Hawks Avenue. This is through street
with a minimum number of lots fronting on it.
The total site is 59.80 acres including wetlands. The wetlands =13.53 acres, resulting in a
developable site of 46.27 aces. This concept plan has 120 single family lots with a gross unit
density of 2.00 units per acre. The net density is calculated using the total site area minus the
wetland and right of way area, resulting in 36.56 acres or 3.28 units per acre net.
EFFECTS OF PROPOSED SINGLE FAMILY VERSUS R -3 AND 8 -3 DESIGNATIONS ON
SURROUNDING PROPERTY
Storm Water runoff
As shown on the 1981 concept plan, (attached) the scenario would make use of massive
condominium and apartment complexes, townhouse development and business developments.
Although, the zoning ordinance restricts these developments to 30% building coverage, these
developments have a much higher impervious ratio associated with them. The impervious areas
are large parking lots, retaining walls, massive roof areas, and sidewalks. Conservatively, the
impervious surface area will be 50% at a minimum with the potential for 60% to 80%
impervious area. Although, large green areas can be associated with tall condos and apartments,
genarally the taller the buildings the high the cost ratio. With this in mind and generally the
inappropriateness of very tall residential units in fringe development areas, one can expect low
spread out buildings with minimal green space associated with the 1981 plan. Consequently,
the runoff from the 1981 plan would dramatically increase the impact on the wetland and
Increase the net volume and rate of storm water runoff on down steam facilities.
Conversely, the single family development would have less Impact on the wetland in terms of
volume and rate of storm water runoff, and reduce the down stream impact. The siltation and
non point pollution would be reduced as a direct effect of a reduced impervious area. The zoning
ordinance limits the building coverage to 18% additional impervious areas of driveways and
patios may increase the impervious areas to a total of 25% of the lot size. The green space
between each house would reduce the direct runoff into the storm system.
11.
The Visual environment would be greatly impacted by any large condo /apartment town house
complex from all angles. The greatest visual impact would be on highway 13 and to the
elementary school. All the land to the west and north of this area is single family residential.
There would be no visual barriers across the wetland and to the back yards of the homes on
Willow Lane to screen the structures associated with R -3 and B -3. In the B -3 district good
design standards and policies would prevail resulting in building facades of brick and glass. But
the B -3 buildings would be oriented to highway 13 on the highest point of the site. The building
could be as tall as 40 feet above the ground. The rear of such buildings are usually concrete
block, service doors, truck parking and loading areas, and trash receptacles. These area would
be exposed to the school and all the surrounding neighborhoods to the north and west. Landscape
screening would be possible in this area. However, the plantings would by place on the lowest
area of the site and provide limited functional use. Additionally, it would take pine trees 15 to
20 years to grow to sufficient height to screen the B -3 use from the surrounding
neighborhoods.
The reguiding and rezoning of this area to Low Density Residential and R -1 designation would
allow a homogeneous use of the wetland edges and surrounding landuses of single family to the
west and north. The R -1 use would also result in a low impact on the elementary school to the
east. Several lots in the Westbury Ponds concept back up to highway 13. Additional depth has
been provided for these lots. This Increased depth will provide sufficient area to construct a
berm (a solid visual and noise buffer) and install plant screening.
Regardless of the land use type associated with this parcel, the intersection at highway 13 and
170th remains diagonal and offset.
Although, a traffic study was not prepared as part of the 1981 proposal (nor with this
application of Westbury Ponds) The attached trip assessment was generated to indicate the
relational impact on the surrounding street systems of the assumed uses. The assumed used
were based on the 1981 landuse concept vs. the 120 lot single family Westbury Ponds concept.
Average Daily Trips (ADT) were computed using recommendations by the Trio Generation
Manual. Institute of Transportation Engineering 4th Edition 1987
12.
Trio Generation Rates
The following assumed land uses are based on typical building sizes and permitted and
conditional uses of the zoning agreement.
TRIP GENERATION STUDY
R.P.SMITH 092 -1008
WILLOW PROPERTY SCENERIO 1981
ASSUMPTIOVS:
1. Typical trip generation rates per Trip Generation Manual, Institute of Transportation Engineers, 4th Addition,1987.
2. Mini Golf :rip generation rates based on 20 trips /hour for 10 hours /day (25% p.m, peak hours).
3. Trip generation rates shown do not reflect existing background traffic on Highway 13, Willows Lane 170th st.and Five Hawks Ave.
4. Motel trip generation rate based on 65 rooms at 80% occupancy= 52 rooms occupied.
5. Town house and Cando based on 450 units total minus 120 Apartment units - 330
6. Apartments based on 4, 3 story units of 30 units each = 120 units
WESTBURY PONDS 1992
Single family 120 10 1 1,200
The trip generation types shown do not reflect existing background traffic on Highway 13,
Willow Lane, 170th Street and Five Hawks Avenue. The most current traffic counts available
for highway 13 and 170th are from 1989. 170th Street just west of highway 13 has a traffic
count of 4,700 ADT and on highway 13 between 170th and Five Hawks Avenue is 9,700 ADT.
The above B -3 trip assessment study shows 6,690 ADT as a result of the B -3 zoning. The 1981
design illustrates all the B -3 traffic accessing onto Highway 13. The townhouse /condominium
and apartment site would generate approximately 2,700 ADT. Virtually all of the R -3
residential 2,700 ADT would flow to 170th Street and eventually on to highway 13 at the
diagonal intersection.The resulting traffic on 170th combining the background and R -3 traffic
has the potential of reaching 7,400 ADT.
120
13.
AVE. WEEKDAY P.M.
AVE. WEEKDAY
AVE. WEEKDAY
PEAK HOURS/
AVG. WEEKDAY
P.M. PEAK
LAND USE
BLDG. SO.FT.
TRIPS 11000 S.F.
1000 S.F.
TRIPS
HOURTRIPS
GaslConvenience
1,750
887
71
1,552
124
Mini -Golf
200
212
Drug /Liquor Store
14,400
95
9
1,368
130
Bank w /Drive -In
6,200
291
38
1,804
236
Day Care
4,200
67
12
281
50
Family Restaurant
4,800
201
44
965
211
Motel
52 occupied
10
0.6
520
31
SUBTOTAL
6,690
994
Townhouse /Condominium
330
6
0.5
1,980
165
Apartment
120
6
1
720
120
SUBTOTAL
2,700
285
TOTAL
9,390
1,279
WESTBURY PONDS 1992
Single family 120 10 1 1,200
The trip generation types shown do not reflect existing background traffic on Highway 13,
Willow Lane, 170th Street and Five Hawks Avenue. The most current traffic counts available
for highway 13 and 170th are from 1989. 170th Street just west of highway 13 has a traffic
count of 4,700 ADT and on highway 13 between 170th and Five Hawks Avenue is 9,700 ADT.
The above B -3 trip assessment study shows 6,690 ADT as a result of the B -3 zoning. The 1981
design illustrates all the B -3 traffic accessing onto Highway 13. The townhouse /condominium
and apartment site would generate approximately 2,700 ADT. Virtually all of the R -3
residential 2,700 ADT would flow to 170th Street and eventually on to highway 13 at the
diagonal intersection.The resulting traffic on 170th combining the background and R -3 traffic
has the potential of reaching 7,400 ADT.
120
13.
After evaluating directional destination approximately 80% of the R -3 traffic would turn north
adding to the back ground Highway 13 and B -3 traffic between 170th and Five Hawks Avenue.
This approximate resulting ADT would be 18,550 ADT.
The street intersection design that presently exists at 170th and highway 13 would not
accommodate such a traffic rate. If the 1981 scenario were persued a radical and very costly
rerouting of 170th Street to Five Hawks Avenue would be necessary (frontage road).
fIr11 1W1M-
A study of the highway "13 Business Strip" was formulated in the late 1980's. That study
addressed the concerns and appropriateness of the B -3 district and to some extent the R -3
district in addition to the entire highway 13 business strip. The attached sketch labeled 11
business Strop is a possible scenario to reroute streets to form frontage roads, contiguous
through intersections, and signalization. The cost to implement only this intersection and street
change was estimated at nearly $700,000.00 dollars in 1986 dollars. The only reason to add a
frontage road and signalization is to accommodate extensive increase in ADT due to the 1981
design concept. As stated in the "13 Business Strip" report "The other link removed from the
proposed circulation system lies northwest of Highway 13 between 170th Street and Duluth
Avenue. The need for this has been reduced by the land use change proposed adjoining Five
Hawks School. Because additional business use is not recommended, a frontage road becomes less
Important particularly when several residential properties could be put unnecessarily at risk.
After evaluating the Westbury Ponds trip assessment study the site would generate
app::lximately 1,200 ADT total. The expected distribution of the Westbury Ponds traffic would
be approximately 70% to Five Hawks and 25 % to Willow Lane. 70% or 840 ADT will pass
through the intersection of Five Hawks Avenue and Highway 13. Five Hawks Avenue is a single
family neighborhood with an elementary school and and church. 840 ADT will not hinder the
present intersection flaw at Five Hawks. Additionally, 170th at highway 13 will not require a
reconfiguration or signalization.
14.
The purpose of this section is to estimate and compare the reserve capacity wastewater
discharge that would result in the development of the site at the expanded medium density
residential land use and the proposed Low density residential land use
Prior Lake Sanitary Sewer Calculations
The Prior Lake Comprehensive Sanitary Sewer Policy Plan was used to estimate the anticipated
wastewater flows for the land use type of Medium Density Residential and Low Density
Residential. The following flows were determined by applying unit flow rates to each land use
category:
Land Use Type Persons per unit Gal /Cap /Dav Gal/Unit/Day Uni ts/Ac
GCD GUD
Med. Den. Resid'I 2.9 85 247 10.0
Low Den. Resid'I 2.9 85 247 2.0
The City of Prior Lake's Comprehensive Guide Plan indicates that areas guided Medium Density
Residential have a recommended density of 4.8 units per acre. Rather than using a general unit
density, these calculations are based on the actual number of units per acre approved in 1981
for this site of 10 units per acre or a total of 450 units.
Additionally, The Low Density Residential has a Comprehensive Guide plan recommendation of
0 -4 units per acre. Once again, rather then estimating the units per acre, the low density
calculation for this is based on the proposed density for this site. The total units proposed for
this site is 120 single family lots at a gross density of 2.00 units per ace. The net density (the
total site area minus the right of ways and wetlands) is 3.28 units per acre.
1. Therefore, the total estimated flow for the 1981 concept would be:
450 units x 247 GUD = 111.150 gallons per day
2. Therefore, the total estimated flow for the WESTBURY PONDS CONCEPT:
120 units x 247 GUD = 29.640 gallons per day.
This section is based on the ordinance adopted by the Metropolitan Waste Control Commission,
MWCC, Reserve Capacity Charge Manual revised in 1992. The MWCC has developed Service
Availability Charge SAC criteria based upon the potential discharge of 274 gallons of wastewater
15.
flow to the Metropolitan discharge system per day. Single family houses,
townhouses /condominiums and duplex units each comprise one SAC unit. The number of SAC
units for other uses are determined based upon their estimated daily wastewater flow. The
commission has developed standard criteria for determining SAC units for various business,
commercial, and industrial facilities. This criteria is based upon recommendation and standards
developed by the Minnesota Department of Health, The state Building Code, and the U.S.
Department of Health and Welfare. These recommendations are supported by actual flow data
from similar facilities in the Metropolitan area.
• One sac unit equals 274 gallons of wastewater per day.
• One Single family unit equals one SAC unit.
• Two motels rooms equal 1 SAC unit.
• Full service family restaurant: 8 seats equal one SAC unit.
• Retail... Drug store Liquor store every 3,000 square feet equal 1 SAC unit.
• Convenience store every 3,000 square feet equals 1 SAC unit.
• Bank w /Drive -in window every 2,400 square feet equals one SAC unit.
• Mini golf equals 3 SAC units.
• Daycare facility every 14 children equals 1 SAC unit.
The 1981 B -3 scenario approved several land uses. The above uses are generally permitted or
conditionally permitted in this area. These uses are the same as identified in the trip
assessment section of this narrative.
SAC CALCULATIONS
R.P.SMITH #92 -1008
WILLOW PROPERTY SCENERIO 1981
16.
SAC UNIT
SAC UNITS
CALCULATED
GALLONS /DAY
LAND USE
BLDG. SOFT.
PARAMETERS
BASES
SAC UNITS
(274 1SAC)
Gas/Convenience
1,750
3,000
1
0.58
159
Mini -Golf
3
3.00
822
Drug /Liquor Store
14,400
3,000
1
4.80
1,315
Bank w /Drive -In
6,200
2,400
1
2.60
712
Day Care
4200(50 kids)
14 children
1
3.60
986
Family Restaurant
1800(175 seals;
8saats
1
21.90
6,001
Motel
65 rooms
2 rooms
1
32.50
8,905
SUBTOTAL
68.98
18,901
Townhouse/Condominium
450
1/U
1
111,150
Apartment
SUBTOTAL
111,150
TOTAL
69
130,051
WESTBURY PONDS 1992
Single family
120
flu
1
29,640
16.
In reviewing the projected wastewater flows it should be noted that the proposed single family
development of WESTBURY PONDS would significantly reduce the amount of wastewater flow to
the Metropolitan Disposal Facility. The reduction would by approximately 100,411 gallons per
day.
MERIT BEYOND THE INTERESTS OF THE DEVELOPER
In 1981 when the zoning was changed from R -1 to R -3 and B -3 a grand scheme to increase the
residential and business climate of Prior Lake was proposed. But, today the reality of the
intense development illustrated the resulting high traffic impact in the intersection of 170th
Street and highway 13.
Because of the stronger environmental legislation and better storm water management, high
impervious districts are difficult to manage. As development increases in the metropolitan area
the MWCC is constantly searching for ways to manage flows and treatment facilities and better
serve the residence of the Twin Cities This proposal of WESTBURY PONDS will reduce the flow
rate or atleast give the city of Prior Lake the ability to reallocate some of the flow to other or
new proposals.
As illustrated in the attached narrative and graphics, the original zoning of R -1 for this area
was Low Density Residential for good planning reasons of site restrictions due to wetlands,
transportation issues, wetlands, utility capacities and soil constraints.
The land was rezoned in 1981 to R -3 and B -3, but the need for this highly intense Landuse did
not nor still, does not exist. Because of the restrictive nature of the Metropolitan Council,
MWCC, Highway Department, and possible the metropolitan Service Area (MUSA) all land for
residential use is rapidly running short. This area is now ready for development as single
family residential use. The proposed single family use is similar to the uses surrounding to the
west, north and to the northeast beyond Five Hawks Elementary School.
The transportation issues are obvious. If the site were to remain B -3 and R -3 uses the
surrounding street systems would require extensive modification at the intersection of 170th
Street and Highway 13. If the site were to be reguided and rezoned to Low density Residential
and R -1 WESTBURY PONDS as proposed would create a loop street system connecting The
Willow Lene Neighborhoods to Five Hawks Avenue without creating the need to enter on to
Highway 13.
The reguiding and rezoning of this land will bring the landuse into conformity with the several
neighborhoods that have remained from years before.
17.
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REGULAR PLANNING COMMISSION MEETING
AGENDA
AUGUST 20, 1992
7:30 P.M.
7:30 P.M.
7:35 P.M.
7:35 P.M.
7:50 P.M.
CALL TO ORDER
REVIEW MINUTES OF PREVIOUS MEETING
HEARING CONTINUED RENO SINIKAS
VARIANCE
HEARING VARIANCE DAVID ANDERSON
HEARING VARIANCE MCKNIGHT &
ASSOCIATES
* Indicates a Public Hearing
All times stated on the Planning Commission Agenda, with the
exception of Public Hearings, are approximate and may start later
than the scheduled time.
4629 Dakota St. SE, Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
AN EQUAL OPPORTUNITY EMPLOYER
0 � PRlO
AP
I U
ES
PLANNING COMMISSION
MINUTES
AUGUST 6, 1992
The August 6, 1992, Planning Commission Meeting was called to
order by Chairman Loftus at 7:30 P.M. Those present were
Commissioners Loftus, Arnold, Wuellner, Assistant City Planner
Deb Garross, Associate Planner Sam Lucast, and Secretary Rita
Schewe. Commissioner Roseth arrived at 8:40 P.M.
ITEM I - REVIEW MINUTES OF PREVIOUS MEETING
MOTION BY ARNOLD, SECOND BY WUELLNER, TO APPROVE THE MINUTES AS
WRITTEN.
Vote taken signified ayes by Loftus, Arnold, and Wuellner. MOTION
CARRIED.
ITEM II - ANDY VALDMANIS - VARIANCE
Andy Valdmanis, 2911 East Minnehaha Parkway, Minneapolis, stated
he is requesting a five (5) foot east side variance to construct
a new home at 5405 Shore Trail which is a 50 foot lot.
Sam Lucast, Associate Planner, presented the information as per
memo of August 6, 1992. Mr. Incest pointed out two discrepancies
found in the report. Item one is the garage located at the top
of the survey is marked "to be removed ", the garage will stay.
On page two of the planning report, fourth sentence the word
"not" was omitted in the sentence. It should read "but not
occupied until the cabin is removed ".
The site is a lot of record and was platted and developed under
the jurisdiction of Eagle Creek Township and annexed into Prior
Lake in 1973. The existing cabin must be removed before
occupancy. The applicant is requesting to remove the cabin in
the winter to allow driving on the lake. Staff recommends
approval of the 5 foot east side yard variance. Hardship being
the lot is a substandard lot, small building envelop restricts
architectural design, variances have been granted in the past by
the Commission, and it is a reasonable request.
Comments from the Commissioners were on the location of existing
steps, coverage ratios, and water accessory structures.
MOTION BY ARNOLD, SECOND BY WUELLNER, TO APPROVE A FIVE (5) FOOT
EAST SIDE YARD VARIANCE FOR 5405 SNORE TRAIL CONTINGENT THAT THE
OCCUPANCY PERMIT NOT BE ISSUED UNTIL THE EXISTING CABIN IS
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 447 -4245
AN EQUAL OPPORrL \TY EMPIAYER
PLANNING COMMISSION MEETING MINUTES AUGUST 6, 1992 PAGE 2
REMOVED. RATIONAL BEING THE LOT IS A SUBSTANDARD LOT, IT WAS
SUBDIVIDED AND DEVELOPED UNDER THE JURISDICTION OF A PREVIOUS
GOVERNMENT, THE VARIANCE WOULD NOT SET A PRECEDENT, HARDSHIP IS
CAUSED BY THE ORDINANCE AND NOT THE APPLICANT, AND WOULD NOT BE
DETRIMENTAL TO THE HEALTH AND WELFARE OF THE NEIGHBORHOOD.
Vote taken signified ayes by Arnold, Wuellner, and Loftus.
MOTION CARRIED.
ITEM III - RENO SINIKAS - VARIANCE
Due to a drainage problem on the subject site, the applicant
requested a continuance.
MOTION BY WUELLNER, SECOND BY ARNOLD, TO CONTINUE THE VARIANCE
APPLICATION HEARING FOR RENO SINIKAS TO AUGUST 20, 1992, AT 7:30
P.M.
Vote taken signified ayes by Wuellner, Arnold, and Loftus.
MOTION CARRIED.
Deb Garross gave an update on upcoming projects. Recess was
called at 8:05 P.M. The meeting was reconvened at 8:13 P.M.
ITEM IV - PUBLIC HEARING - LANDSCAPE ORDINANCE
MOTION BY WUELLNER, SECOND BY ARNOLD, TO OPEN THE PUBLIC HEARING.
The Public Hearing was called to order at 8:15 P.M. by Chairman
Loftus. A sign up sheet was passed to the audience to note the
names and addresses of all persons in attendance at the public
hearing.
Greg Kopischke, representative for Westwood Professional Services
presented the information on the draft of Ordinance No. 92 -10, an
amendment to Prior Lake Zoning Ordinance 83 -6. Mr. Kopischke
stated that the changes made previously have been incorporated
into the draft.
Recess called at 8:20 P.M. The meeting was reconvened at 8:25
P.M. Discussion by the Commissioners followed on the draft
proposal.
MOTION BY ARNOLD, SECOND BY WUELLNER, TO RECOMMEND TO THE CITY
COUNCIL TO ADOPT LANDSCAPE ORDINANCE NO. 92 -10 AMENDING PRIOR
LAKE ZONING ORDINANCE 83 -6 CITY CODE SECTION 5 -5 -10.
Vote taken signified ayes by Arnold, Wuellner, Loftus and Roseth.
MOTION CARRIED.
MOTION BY ROSETH, SECOND BY WUELLNER, TO CLOSE THE PUBLIC
HEARING.
PLANNING COMMISSION MEETING MINUTES AUGUST 6, 1992 PAGE 3
Vote taken signified ayes by Roseth, Wuellner, Arnold, and
Loftus. MOTION CARRIED. Public Hearing closed at 8:45 P.M.
Recess called at 8:47 P.M. The meeting reconvened at 9:00 P.M.
The Public Hearing was called to order at 9:00 P.M. by Chairman
Loftus. A sign up sheet was passed to the audience to note the
names and addresses of all persons interested in the public
hearing.
ITEM V- PUBLIC HEARING - REZONING /COMPREHENSIVE PLAN AMENDMENT
Robert Smith of R.P.Smith Land Planning Consultants, Inc. 3009
West 70 1/2, Richfield, MN represented the applicant Jim Allen of
Westbury Ponds Corporation, 12433 Princeton Avenue, Savage, MN.
Mr. Smith stated Mr. Allen is requesting an amendment to the
Comprehensive Plan and Rezoning for approximately 60 acres of
vacant land in the Five Hawks neighborhood. The Comprehensive
Plan amendment would be to amend the subject site from medium
density to low density residential and downzone from R -3
Multiple Family Residential and B -3 General Business to R -1
Single Family Residential. The intent is to develop the site
into a residential development for approximately 120 homes.
Deb Garross presented the information as per memo of August 6,
1992 and stressed the fact the application is for an amendment to
the Comprehensive Plan and Rezoning of the subject site and not
the subdivision of the property. This would be done at a later
date. The market for R -3 land is almost non - existent in Prior
Lake at the present time. It is doubtful that the 16 acres of
restricted B -3 zone along STH 13 will be marketable in the near
future. The predicted business opportunities are forecast to be
in the County Road 42 and 83 area.
The property has been vacant for many years. The adjacent land
is residential and the proposal would be consistent with the
neighborhood. The area zoned C -1 Conservation would remain as
designated. The recommendation from Staff is to approve the
amendment from medium density to low density to the Comprehensive
Plan and to rezone from R -3 and B -3 acreage to R -1 residential
for Westbury Ponds and forward to the City Council.
Comments from the public were as follows:
Chris Johnson 3784 Pershing St.- questioned why development was
proposed on the site and expressed concern about vehicle and
pedestrian traffic impact, wildlife loss, wetland status, and
sidewalks.
Howard Steaks 16651 Willow Lane - expressed concern about
increased traffic and questioned whether any of the currently
zoned C -1 land was proposed to be changed.
PLANNING COMMISSION MEETING MINUTES AUGUST 6, 1992 PAGE 4
Don Ramm 16811 Willow Lane - expressed concern over traffic,
questioned when Five Hawks Road would be completed and he felt
that the commercial zone should not be changed.
Dan Stem 16828 Willow Lane - felt that the commercial zone should
remain and was concerned about increased traffic and speeding.
Emmy Schneider 16840 Elm Ave.S.W. - expressed that she was
pleased with the downzoning and questioned the number of houses
that are proposed by the developer.
Richard Bihler 3669 Willow Beach St. S.W. - questioned the
proposed subdivision and was concerned about lot density, size
of lots, and he felt the commercial zone should be kept for
future business opportunity.
Tom Schneider 16840 Elm Ave. S.W. - stated that he supported the
downzoning and connecting roads. However, he suggested
increasing lot sizes and the proposed park.
Tom Merchant 16705 Bay Ave. - felt that the park designation was
too small, he was concerned with lot sizes, and felt that the
commercial zone should remain intact.
Comments from the Commissioners were on: Lot sizes extension of
Five Hawks Avenue, slopes, development possibilities, C -1
boundary, positive changes, road connections and request is
reasonable. Ms. Garross clarified for the audience that the
commercial zone was a "contract zone" with limited business uses,
not a true B -3 zone. In addition, the city has identified future
commercial sites along County Road 42 and 18, and County Road 42
and 83, where it is felt that better traffic and market
opportunities exist for commercial development. Ms. Garross and
Mr. Smith were complimented on their presentation of the
development project.
Larry Anderson, City Engineer, spoke on the wetland definitions,
jurisdiction of agencies involved, and Metropolitan Council
procedures.
MOTION BY ARNOLD, SECOND BY WUELLNER, TO RECOMMEND TO THE CITY
COUNCIL THE APPROVAL OF THE AMENDMENT TO THE COMPREHENSIVE PLAN
FOR WESTBURY PONDS FROM MEDIUM DENSITY TO LOW DENSITY RESIDENTIAL
AND THAT THE ZONING MAP SHOULD BE AMENDED TO REFLECT A REZONING
OF THE SITE FROM R -3, MULTI - FAMILY RESIDENTIAL AND B -3 GENERAL
BUSINESS TO R -1, SINGLE FAMILY RESIDENTIAL. RATIONALE BEING
THAT LOW DENSITY RESIDENTIAL IS CONSISTENT WITH THE NEIGHBORHOOD
AND THE LEVEL OF INFRASTRUCTURE AVAILABLE TO THE SITE AND THE
ZONING SHOULD BE AMENDED TO REFLECT THE CHANGE IN LAND USE
DESIGNATION TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN.
PLANNING COMMISSION MEETING MINUTES AUGUST 6, 1992 PAGE 5
Vote taken signified ayes by Arnold, Wuellner, Loftus, and
Roseth. MOTION CARRIED.
MOTION BY ARNOLD, SECOND BY ROSETH, TO CLOSE THE PUBLIC HEARING.
Vote taken signified ayes by Arnold, Roseth, Wuellner, and
Loftus. MOTION CARRIED.
MOTION BY ARNOLD, SECOND BY WUELLNER, TO ADJOURN THE MEETING.
Vote taken signified ayes by Arnold, Wuellner, Loftus, and
Roseth. MOTION CARRIED.
Meeting adjourned at 10:55 P.M. Tapes of meeting on file at City
Hall.
Deb Garross Rita M. Schewe
Assistant City Planner Recording Secretary
IV R'rj
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"VA24PC"
PLANNING REPORT
SUBJECT: VARIANCE
APPLICANT: DAVE ANDERSON
SITE ADDRESS: 16069 NORTHWOOD ROAD
PRESENTER: SAM LUCAST, ASSOCIATE PLANNER
PUBLIC HEARING: YES X NO
DATE: AUGUST 20, 1992
SITE ANALYSIS
HISTORY /BACKGROUN
The Phannping Department received an application for variance to
construct a single family dwelling in the Northwood subdivision.
Northwood is an old plat with very long, narrow lots. A driveway
easement allows access across Lot 101 to the subject site Lot 100
with the address of 16069 Northwood Road. There are also
maintenance and sewer easements on the subject site which
contains over 20,000 square feet.
The applicant is requesting a 58 foot lot width, 2.5 foot west
side, and a 3.1 foot east side yard variance to construct a new
single family dwelling.
PREVIOUS PROPOSALS:
There are no previous proposals on record at City Hall regarding
the subject site.
PHYSIOGRAPHY:
The of slopes from Northwood Road down to Prior Lake in several
long steps. The slope increases sharply near the shore. There
is only slight elevation changes from one side of the lot to the
other. The lot contains many significant trees, with volunteer
growth along the lakeshore slope. It has apparently been
maintained as a developed lot and does not resemble the typical
vacant lot with tall weeds and underbrush. Most of the trees are
located toward the lot lines or near the street and shore. The
building envelope is in a clearing and few trees will be removed
due to construction.
ADJACENT USES:
The su - blect site abuts single family dwellings to the northeast
and southwest. The lake of Prior Lake is southeast of the site
and open space in the rural service area is located northwest of
the site across Northwood Road.
EXISTING CONDITIONS:
NOrt wo Roa 1s on the edge of the urban service area. It is
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fm(612)447-4245
AN EQUAL OPPOMNnY EMPLOYER
served by City water and sanitary sewer, but not storm sewer.
The neighborhood is in a residential development transition mode.
Housing opportunities exist from summer cabins to new upper level
homes.
Because the garage is lower than the existing curb elevation,
there must be positive drainage around the house. Driveway
erosion on the abutting lot to the northeast may be adversely
affected by heavy construction vehicles driving on the gravel
driveway. Erosion control on the driveway and construction site
must be maintained to avoid a wash out. Pat Lynch of the DNR
suggested the three property owners consider bituminous paving to
prevent erosion. There is ample lot area and impervious surface
coverage is not an issue. The DNR had no objections to the
variances. The Building Department concurs with the DNR and will
require as a condition of the variance, a paved driveway prior to
final certificate of occupancy.
NEIGHBORHOOD ISSUES /IMPACT /CO NCERNS:
The Nor woo s ivision is almost completely developed with
single family dwellings. This variance is a reasonable request
and very similar to the frequently granted 5' side yard
variances. The total variance amount is 5.6 essentially the
difference between this amount and a 5' variance is the requested
lot width of variance .58
STAFF RECOMMENDATION
Staff recommen s approval of a .58' lot width, 2.5' west side
yard, 3.1' east side yard variance contingent upon paving the
driveway prior to final certificate of occupancy. The
rationale includes the lot is substandard in width, there is
already precedent for granting the request, it is a reasonable
request, and it does not adversely affect the health, safety and
welfare of the community. The hardship is the width of the lot
and the fact it was platted under the jurisdiction of another
governmental unit and in 1975 annexed into Prior Lake which has
more restrictive Zoning standards.
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CITY OF PRIOR LA)Oi
APPLICATION FOR VARIANCE
Applicant: DAUM h:UDe2soN Hare Phone: /�
Address- :5b)1 PftE/nc�r Air JULY) P?,oLlLaK6 Work Phone: V-SSOC>
Property So44/vA Hone Phone: 4a7 -573
Address: lcC!63 Lx tHn .t�0) k'£.AA hu- PIZ OL1 /JArE Work Phone: 4v� ;,Lz
Type of Ownership: Fee Contract Purchase Agreement _
Consultant /Contractor: A'LR—Wt4NCj.Ay6g Phone: 44G•:` /Sc7
Existing Use
of Property: IWA IV I Present Zoning:
Proposed Use
of Property: S W LE
Legal Description n
of Variance Site:
Variance Requested
.' I dae [o1 hrot�
Has the applicant previously sought to plat, rezone, obtain a 4ariance or conditional
use permit on the subject site or any part of it? _Yes A ND
What was requested:
When: Disposition: _
Describe the type of improvements proposed: /9/u$ TRUCT AJFuJ S /46. 4F RIna Y
ID&D P L"Aj lr
9MIISSION REQUIREMEN :
(A)COmpleted application form. (Wiling fee. (C)Property Survey. (D)Certified from
abstract firm, names and addresses of property owners within 100 feet of the
exterior boundaries of the subject property. (E)Complete legal description 6
Property Identification Number (PID). (F)Deed restrictions or private covenants, if
applicable. (G)A parcel map at 1 20' -50' showing: The site development plan,
buildings: parking, loading, access, surface drainage, landscaping and utility
service.
ONLY COMPLETE APPLICATIONS SHALL BE REVIEWED BY THE PLANNING COMMISSION.
To the best of my knowledge the information presented on this form is correct. In
addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies
requirements for variance procedures. I agree to prove i ormation and follow the
procedures as outlined in the Ordinance.
ti s 19�Z ALfjiliwnts Signature
Submitted this `?day of
Fee Cwne:j Signature
THIS SPACE IS TO BE FILLED OUT BY THE PLANNING DIRECTOR
PLANNING COMISSION _ APPROVED _ DENIED RATE OF HEARING
CITY COUNCIL APPEAL, _ APPROVED _ DENIED DATE OF HEAR, AG
CONDITIONS•
Signature of the Planning Director Date
01V P R O s\
"VA24PN"
NOTICE OF HEARING
FOR
VARIANCE
You are hereby notified that a hearing will be held by the
Planning Commission in the Prior Lake Council Chambers at 4629
Dakota Street S. E. on:
THURSDAY AUGUST 20, 1992 at 7:35 P.M.
PURPOSE OF HEARING: To consider a variance application
from Dave Anderson to construct a
single family dwelling.
SUBJECT SITE LOCATION: The subject site is Lot 100
Northwood, better known as 16069
Northwood Road, Prior Lake.
REQUESTED ACTION: The applicant is requesting a .58
foot lot width, a 2.5 foot west side
yard, and a 3.1 foot east side yard
variance.
The Zoning Ordinance requires ten
foot side yard setbacks and a
minimum lot width of 50 feet. The
applicant is requesting to encroach
into the side yard setbacks 2.5 and
3.1 feet to fit the house on the
lot. The applicant is also
requesting to vary from the required
50 foot lot width and build on a
49.42 foot wide substandard lot.
If you desire to be heard in reference to this matter, you should
attend this meeting. Oral and written comments will be accepted
by the Planning Commission. For more information, contact the
Prior Lake Planning Department at 447 -4230.
Prior Lake Planning Commission
DATE MAILED: August 12, 1992
4629 Dakota St. SF., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax(612)447-4245
AN EQUAL OPPODUNtrY EMPLOYER
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°VA25PC°
PLANNING REPORT
SUBJECT: VARIANCE
APPLICANT: McKNIGHT AND ASSOCIATES
SITE ADDRESS: 3174 BUTTERNUT CIRCLE
PRESENTER: SAM LUCAST, ASSOCIATE PLANNER
PUBLIC HEARING: YES X NO
DATE: AUGUST 25, 1992
SITE ANALYSIS
HISTORY /BACKGROUND
TT ehTing Department received a request for variance from
McKnight and Associates. They are requesting a 4' north side
yard, 1' south side yard, and a 3' minimum lot width variance.
The subject site, Lot 33 Northwood, is over 15,000 square feet in
area. It is 47' feet wide and over 300 feet deep.
PREVIOUS PROPOSALS:
T e app can as no previous proposals on record for the subject
site.
PHYSIOGRAPHY:
T e FiTf__c_o_nFains a moderate slope between the proposed house
location and the lakeshore. The elevation changes only slightly
across the width of the lot. There are few trees between the
road and the proposed house. Most of the trees are significant
and located between the lakeshore and the proposed house. Two to
four trees and a lilac bush will be lost during construction.
ADJACENT USES:
The s ect site is located in a wide cul -de -sac on a peninsula
in Prior Lake, surrounded by a single family residential area.
Prior Lake is located to the northeast of the site. To the
north, south, and west are single family dwellings.
EXISTING CONDITIONS:
The lot is basically flat for the first 150' northeast from the
street. The lot then begins a moderate slope to the shore.
Within the proposed building envelope are the remnants of a
demolished structure's foundation. A dilapidated storage shed is
located near the southeasterly property line. It will be removed
during the course of new home construction. The lot contains no
volunteer growth, tall weeds, or underbrush.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax(612)447-4245
AN EQUAL OPPORTUNTrY EMPLOYER
The proposed house location is at the edge of the embankment. A
proposed deck is indicated on the survey, but not part of the
submitted house plans. The structure is set back from the
lakeshore far enough to allow a significant deck to be
constructed without additional variances.
NEIGHBORHOOD ISSUES /IMPACT /CONCERNS
The Ouse s we ocate on the si. e. It is set back far enough
from the shore to comply with lakeshore requirements. It is also
not substantially encroaching into the viewing lines of the
southeasterly neighbor on Lot 32. The new construction location
fits into the character of the setting.
RECOMMENDATION
Staff recommends approval of the 3' lot width, 4' north side, 1'
south side yard variance. The hardship includes the lot is
substandard in width yet above the minimum required square
footage, the narrow lot limits architectural options, the
variance is reasonable, and the lot was platted under the
jurisdiction of another governmental unit. The subdivision was
annexed into Prior Lake in 1975 and the development standards are
currently more restrictive.
aMC. RREPARED FOR
Volley SWrveying Co., PA.
N[KNIGHT B ASSOC.
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PRIOR LAKE, MN. 75371
Valley Surveying Co.. PA.
SUITE Ito -C . 16670 FRANKLIN TRAIL Ei
FRANKL TRAIL OFFICE CONDOMINIUM
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APPLICATION FOR VARIANCE
Associates, Inc. Home Phone• 440 -7100
a30: u ea omnerce ve Work Phone:
rty Amer: Louie E Inoa Voolker Home Phone : __432 -1633
es: 8700 3rA, ca r. AnpIA Vall v Mn Work Phone•
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existing Use
Of Property: Residential lot Present Zoning: R1 SD
Proposed Use
Of Property : __Sinale Family residential
Legal Description
of Variance Site: Lot 33 Northwond
Variance Requested: 4' yard variance Z gl� ld4 w b('RI yc' re
Has the applicant previo'iis 'so Y htlo 11
Y u9 pla rezone, obtain a variance or conditional
use permit on the subject site or any part of it? _Yes _ L _ No
What was requested:
Describe the type of improvements proposed: new sincle family dw ,
SUBMISSION P.EDxrtRFr.ffiM
(A)Completed application form. (B)Filing fee. (C)Property Survey. (D)Certified from
abstract firm, rases and addresses of property owners within 100 feet of the
exterior boundaries of the Lubject property. (E)Complete legal description e
Property Identification Number (PID) . (F)Deed restrictions or private covenants, if
applicable. (G)A parcel map at 1 20' -50' showing: The site development plan,
buildings: parking, loading, access, surface drainage, landscaping and utility
service.
CNLY COMPLETE APPLICATIONS SHALL BE REVIEWEU BY THE PLANNING C"ISSION.
To the best of my knowledge the information presented on this form is correct. In
addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which speci: s
requirements for variance procedures. I agree to prw de information Wd follow
procedures as outlined in the Ordinance. Procedures &__ ! 4_* C
Submitted this Zdmy of g=a is SS
THIS SPACE IS 10 BE FILLED OUT By THE PLANNING DIRDC101,
PLANNING COFMISSION —_ APPROVED _ DENIED DATE OF HEARING
CITY COUNCIL APPEAL _ APPFDVFD _ DENIM DATE OF HEARING
CONDITIONS•
Signature of the Planning Director Date
PR�
01 f\
� k
° VA25PN 01
NOTICE OF HEARING
FOR
VARIANCE
You are hereby notified that a hearing will be held by the
Planning Commission in the Prior Lake Council Chambers at 4629
Dakota Street S.E. on:
THURSDAY AUGUST 20, 1992 at 7:50 P.M.
PURPOSE OF HEARING: To consider a variance request from
McKnight and Associates of 14198
Commerce Avenue, Prior Lake.
SUBJECT SITE LOCATION: The subject site is Lot 33
Northwood, also known as 3174
Butternut circle.
REQUESTED ACTION: The applicant is requesting a 4 foot
north side yard, a 1 foot south side
yard, and a 3 foot lot width
variance to construct a single
family dwelling.
The Zoning Ordinance requires a 10
foot side yard setback and a minimum
lot width of 50 feet for a lot to be
considered buildable without
variances. The applicant proposes
to place the home 6 feet from the
north side lot line (at the front of
the house only.) The applicant
proposes to locate the structure 9
feet from the south property line
which requires a 1 foot variance.
The applicant is also requesting a
variance to be allowed to build on a
lot which is less than 50 feet wide,
therefore the request is to consider
a 3 foot minimum lot width
variance.
If you desire to be heard in reference to this matter, you should
attend this meeting. Oral and written comments will be acceptad
by the Planning Commission. For more information, contact the
Prior Lake Planning Department at 447 -4230.
Prior Lake Planning Commission
DATE MAILED: August 12, 1992
4629 Dakota St. S.E., Prior lake, Minnesota 55372 1 Ph. (612) 4474230 / Fax (612) 4474245
AN EQUAL OPPORIUNMY EMPLOYER